Legend Steps Down Today: Larger than life, tough, and feared by the state’s most vicious drug dealers and pornographers – and yes – even controversial – We honor U.S. District Court Judge Robert Holmes Bell – We Bring You His Honor’s Final Sentencings

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As unusual and independent as the Upper Peninsula where he ruled with an iron fist for 3 decades – Today and Tomorrow are Officially The Final Days for His Honor – The Honorable U.S. District Court Judge Robert Holmes Bell

Plus we hope to hear today about the future of Eastern District of Michigan Federal Prosecutor Barbara McQuade

A new top federal prosecutor took the helm last week in the U.P. area and western half of the Lower Peninsula – The new top cop for the U.P. is Acting U.S. Attorney Andrew Birge, who took over last week after the resignation/step-down of  U.S. Attorney Patrick A. Miles, Jr.  (all just an expected big federal shakeup with a new president from different party)

“The diversion of firearms for unlawful purposes or to those who cannot legally possess them endangers each and every member of our society,” said Federal Judge Robert Holmes Bell at his final sentencing on Thursday

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The honorable 72-year-old U.S. District Court Judge Robert Holmes Bell held his final sentencings last week.

This Judge’s judge naturally Command’s Respect (Reminds This Reporter of the Non-Nonsense, Order-In-The-Court, Hang ‘Em High, The Triple A Himself – The Late Great Federal – U.S. District Court Judge Anthony A. Alaimo in Georgia).

Like all federal judges in Michigan, Judge Bell’s impact was profound on every northern Michigan Indian Nation – whether it was tribal domestic violence, or the Founder of American Tribal Gambling Fred Dakota, or the many civil cases.

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For Whom the Bell Tolls – To Prison

Dealing With An Armed Crack Dealer:

Dealt 12 years in federal prison by U.S. District Court Judge Robert Holmes Bell in one of his final sentencings last week

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

Federal Judge Robert Holmes Bell sent many heavily armed and murderous drug dealers, gangs, gun-runners and just plain bad people to prison  – from the Upper Peninsula and down to Grand Rapids, Kalamazoo and Benton Harbor.

In the federal system there is no parole, so when he sentences someone 20 or 30 years – that is what they serve.

Hey – Judge Bell even has a judge-looking appearance and official kind of name – just saying.

He was named (middle) after one of America’s most famous jurists.

There was even a brief filed last week with re-assignment of Judge Bell’s many criminal and civiol cases due to “Inactive senior status effective (tomorrow, Tuesday) January 31, 2017– in legal jargon – but it means retirement:

Judge Bell is scheduled to take inactive senior status effective January 31, 2017, and will be unavailable to conclude proceedings in these matter”


Judge Bell’s Second to Last Sentencing, followed by his final (scroll down to sees lots you do not expect):

Dealing With An Armed Crack Dealer:

Dealt 12 years in federal prison by U.S. District Court Judge Robert Holmes Bell in one of his final sentencings last week

By Greg Peterson

(Grand Rapids, MI) – Armed crack kingpin Calvin Veernell Dennis was sentenced to nearly 12 years (140 months) in federal prison by U.S. District Court Judge Robert Holmes Bell on Tues., Jan. 24, 2016 – the latest in numerous Michigan drug traffickers getting stiff prison terms

The decade plus in prison will be followed by three years supervised release

Calvin Veernell Dennis admitted being a highly armed cocaine trafficker and convicted felon in Kent County, MI.

Dennis pleaded guilty to felon in possession of firearms and possession of firearms in furtherance of a drug trafficking crime.

Colt Agent .38 revolver (Serial No. M53914) and 21 rounds of Winchester .38 spl. caliber ammunition

M-11, 9mm Cobroyo semiautomatic pistol and 60 rounds of 9mm ammunition

Smith and Wesson, model SW40VE, .40 caliber semiautomatic pistol (Serial No. RAY4273) and 20 rounds of Winchester .40 caliber ammunition

Tanfoglio, model TZ75, 9mm semiautomatic pistol (Serial No. H00704) and 16 rounds of Winchester Luger and Hornady 9mm ammunition

Rock River Arms, LAR 15, 5.56 caliber rifle (Serial No. CM179750) and 50 rounds of Remington .223 caliber ammunition

660 rounds of 7.62 caliber ammunition.

Case Summary

1:16-cr-00098-RHB All Defendants USA v. Dennis

Date filed: 05/25/2016

Date terminated: 01/24/2017

Calvin Veernell Dennis

Filed: 05/25/2016

Kent County, MI

Count: 1 citation: 18:922g.f offense level: 4 18:922(g)(1), 18:921(a), 18:924(a)(2)

Unlawful transport of firearms, etc.; felon in possession of firearms

Count: 2 citation: 18:922g.f offense level: 4 18:922(g)(1), 18:921(a), 18:924(a)(2)

Unlawful transport of firearms, etc.; felon in possession of ammunition

Count: 3 citation: 21:841a=nd.f offense level: 4 21:841(a)(1), 21:841(b)(1)(c)

Narcotics – sell, distribute, or dispense; possession with intent to distribute cocaine base

Count: 4 citation: 18:924c.f offense level: 4 18:924(c)(1)(a)(i), 21:841(a)(1)

Violent crime/drugs/machine gun; possession of firearms in furtherance of a drug trafficking crime

Defendant in Custody

Assistant U.S. Attorney Sally J. Berens

Phone: (616) 456-2404

Email: sally.berens@usdoj.gov

Assistant U.S. Attorney Joel S. Fauson

Phone: (616) 456-2404

Email: joel.fauson@usdoj.gov

Assistant U.S. Attorney Jennifer S. Murnahan

Phone: (616) 456-2404

Email: jennifer.murnahan@usdoj.gov

Assistant U.S. Attorney Alexis M. Sanford

Phone: (616) 456-2404

Email: alexis.sanford@usdoj.gov

——-


Judge Bell’s Final Sentencing:

FOR IMMEDIATE RELEASE: Thursday, January 26, 2017

Grand Rapids Man To Spend Five Years In Prison For Trafficking Firearms

GRAND RAPIDS, MICHIGAN – Donte Timothy Bacon, 31, of Grand Rapids, was sentenced to 60 months’ imprisonment, Acting U.S. Attorney Andrew Birge announced today.

In August, Bacon pled guilty to selling a firearm to a prohibited person and possession of a firearm with an obliterated serial number. Charles Lee Samuels, 28, earlier was sentenced to 18 months in prison for his lesser role in the crimes.

On five different occasions in August and September 2014, Bacon sold a firearm to a person who was not permitted to possess it under federal law. One of the firearms was sold with a high-capacity magazine. Two of those firearms had been purchased by Bacon and Samuels and were sold after Bacon removed the serial numbers. During the final transaction, Bacon and Samuels used a hand-grinder to remove the serial number at the time of sale.

In his final sentencing before retiring from the bench, U.S. District Judge Robert Holmes Bell observed the seriousness of trafficking firearms. Judge Bell ordered Bacon to serve three years of supervised release following his term of custody and expressed his hope that Bacon will return as a productive member to his community.

“The diversion of firearms for unlawful purposes or to those who cannot legally possess them endangers each and every member of our society,” said Acting U.S. Attorney Birge. “The U.S. Attorney’s Office will prosecute those who willfully circumvent federal firearms laws designed to protect the public.”

“Selling firearms to prohibited individuals contributes to the cycle of gun violence plaguing our neighborhoods,” said Special Agent in Charge Robin Shoemaker of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. “ATF will continue to use all available resources to put a stop to illegal gun sales. Let this conviction stand as a warning to others willing to put profit before public safety.”

The ATF conducted the investigation, with assistance from the Grand Rapids Police Department. Assistant U.S. Attorneys Justin M. Presant and Alexis M. Sanford prosecuted the case.

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Other federal court cases this past week you did not hear about:

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Five years in prison for coke/heroin dealer

Drug dealer Jamian Charles Pearce sentenced on Jan. 23, 2017 to five years (60 months) in federal prison by U.S. District Court Judge Paul L. Maloney for distributing heroin and cocaine in Kent County, MI in Feb. 2016.

After five years in prison, he will be on three years of supervised release.

On March 16, 2015, Muskegon County Law Enforcement arrested 32-year-old Jamian Charles Pearce for obstructing justice/probation violation in Muskegon, MI

Case Summary:

1:16-cr-00036-PLM-4 USA v. Hairston et al

Date filed: 02/25/2016

Date of last filing: 01/24/2017

Jamian Charles Pearce

Filed: 02/25/2016

Kent County, MI

Count: 1

Citation: 21:846=NP.F Offense Level: 4 21:846, 21:841(a)(1), 21:841(b)(1)(a)(i) and (ii), 21:841(b)(1)(c)

Conspiracy to possess narcotics; conspiracy to possess and distribute cocaine and heroin

Count: 3

citation: 21:846=np.f offense level: 4 21:846, 21:841(a)(1), 21:841(b)(1)(c), 18:2

Conspiracy to possess narcotics; attempted possession with intent to distribute cocaine

Count: 1s

citation: 21:846=nd.f offense level: 4 21:846, 21:841(a)(1), 21:841(b)(1)(a)(i) and (ii), 21:841(b)(1)(c)

Conspiracy to distribute narcotics; conspiracy to distribute and possess with intent to distribute cocaine and heroin

Count: 3s

citation: 21:846=nd.f offense level: 4 21:846, 21:841(a)(1), 21:841(b)(1)(c), 18:2

Conspiracy to distribute narcotics; attempted possession with intent to distribute cocaine

Count: 1ss

citation: 21:846=nd.f offense level: 4 21:846, 21:841(a)(1), 21:841(b)(1)(b)(ii)

Conspiracy to distribute narcotics; conspiracy to distribute and possess with intent to distribute cocaine

Defendant in custody

Assistant U.S. Attorney Mark V. Courtade

Phone: (616) 456-2404

Email: mark.courtade@usdoj.gov


Three years in prison for identity theft

By Greg Peterson

(Grand Rapids, MI) – Pedro Enrique Sanchez Pupo was sentenced to 37 months in prison on Jan.25, 2017 by Chief U.S. District Court Judge Robert J. Jonker for aggravated identity theft crimes committed in 2015 in Kent County, MI:
In plea agreement, Pupo pleaded guilty to count one of the indictment conspiracy to commit wire fraud. Her will serve his time – three years and a month- in a federal prison in Florida near his family.

Date of last filing: 01/28/2017

Pedro Enrique Sanchez Pupo

Filed: 12/01/2015

Kent County

Count: 1 Citation: 18:1349.F Offense Level: 4

18:1349, 18:1343

Attempt and conspiracy to commit fraud; conspiracy

Count: 2 citation: 18:1029a.f offense level: 4

18:1029(a)(3), 18:1029(c)(1)(a)(i), 18:2

Produces/traffics in counterfeit device; access device fraud

Count: 3 citation: 18:1028a.f offense level: 4

18:1028a(a)(1), 18:1028a(c)(4), (5), 18:1028a(b), 18:2

Fraud with identification documents; aggravated identity theft

Defendant in Custody

Federal Prosecutor:

Assistant U.S. Attorney Hagen W. Frank

Phone: (616) 456-2404

Email: hagen.frank@usdoj.gov



Ten years – 121 months in prison for distributing coke and heroin

By Greg Peterson

(Grand Rapids, MI) – One of the defendants in major heroin ring was sentenced to just over ten years in federal prison on Jan. 24, 2017 by U.S. District Court Judge Paul L. Maloney for distributing heroin and cocaine during Jan. 2016 in Kent County, MI.

Mario Cruz pleaded guilty to one count of conspiracy to possess narcotics; conspiracy to possess and distribute cocaine and heroin.

No parole in federal prison, and will be under three years supervised release when let out in a decade.

Case Summary

1:16-cr-00036-PLM-3 USA v. Hairston et al

Date filed: 02/25/2016

Date of last filing: 01/24/2017

Mario Cruz

Filed: 02/25/2016

Kent County

Other Court Case: 1:16-cr-169 Related Case

Count: 1 citation: 21:846=np.f offense level: 4

21:846, 21:841(a)(1), 21:841(b)(1)(a)(i) and (ii), 21:841(b)(1)(c)

Conspiracy to possess narcotics; conspiracy to possess and distribute cocaine and heroin

Count: 2 citation: 21:846=nd.f offense level: 4

21:846, 21:841(a)(1), 21:841(b)(1)(a)(i) and (ii), 21:841(b)(1)(c)

Conspiracy to distribute narcotics; conspiracy to distribute and possess with intent to distribute cocaine and heroin

Defendant in custody

Federal prosecutor:

Assistant U.S. Attorney Mark V. Courtade

Email: mark.courtade at usdoj.gov



Read about the fancinating reign of a tough federal judge – who was feared by all the big time evil doers in the Upper Peninsula:

https://www.justice.gov/usao-wdmi/pr/2017_0126_Bacon

https://www.apnews.com/cb2f330cae944accaeac06e0be6b56c2

http://www.mlive.com/news/grand-rapids/index.ssf/2016/10/federal_judge_robert_holmes_be.html

http://www.mlive.com/news/grand-rapids/index.ssf/2016/11/towering_figure_robert_holmes.html

http://www.mlive.com/living/grand-rapids/index.ssf/2011/02/profile_us_district_court_judg.html

http://www.miwd.uscourts.gov/judges-info/judge-robert-h-bell

https://en.wikipedia.org/wiki/Robert_Holmes_Bell

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Indictments: The illegal alien fight in U.P. and western LP – Plus We Have a New Top Cop in the U.P. – U.S. Attorney Andrew Byerly Birge – the big question is what will happen this week to Michigan’s other top cop

New Upper Peninsula top cop is U.S. Attorney Andrew Byerly Birge

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What will happen this week to the other top cop in Michigan?
Federal prosecutor for Eastern District that includes Detroit is still U.S. Attorney Barbara McQuade

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By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

This morning, Sat., Jan., 29, 2017 – we want to show you some of the efforts of the feds to crack down on illegal aliens, violent drug gangs, child molesters and much more.

Here is just one day in the effort JUST to remove illegal aliens – not only from the Soo and the entire U.P. – but the western half of the Lower Peninsula including all the Lake Michigan coastal cities – and HQ is Grand Rapids.

The other federal district is the eastern district (Detroit half of the state) are equally busy. These are only the illegal aliens indictments in western Michigan – there are many more entered by federal prosecutors across the eastern half of the state.

President Trump appointed one of two new top federal prosecutors in Michigan this week including for the Upper Peninsula (western district).

New Top Federal Prosecutor for Upper Peninsula and the Western District of Michigan is U.S. Attorney Andrew Byerly Birge

What will happen this coming week in the eastern half of the state – will the same top cop remain on the job?

Still no word on future of President Obama’s Attorney General for the Eastern District of Michigan – only the new U.P. top cop has been named.

Here is what is being said about the Detroit half of the state including Bay City, MI:

Anxiety grows over US attorney’s likely departure – Detroit News

Nov 21, 2016 – U.S. Attorney Barbara L. McQuade drew national attention for helping … in 2012 to serve as U.S. attorney for the Western District of Michigan.

U.S. Attorney Barbara McQuade: A fighter for justice – Detroit Free Press

Aug 22, 2015 – McQuade, 50, became the first woman to serve as U.S. Attorney for the Eastern District of Michigan after being appointed by President Barack …

Barbara L. McQuade – Wikipedia

https://en.wikipedia.org/wiki/Barbara_L._McQuade

Barbara L. McQuade (born 1964) is currently the United States Attorney for the Eastern District of Michigan. Early life and education

United States District Court for the Eastern District of Michigan

The United States District Court for the Eastern District of Michigan is the Federal district court with jurisdiction over of the eastern portion of the state of Michigan.

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Big new around the feds drinking fountain this week in the U.P. – was the naming of new top prosecutors around the country – including Michigan, under the administration of the new President Donald Trump.

https://www.justice.gov/usao-wdmi/meet-us-attorney

https://www.justice.gov/usao-wdmi/pr/2017_0123_Birge

With a new president, this week Michigan got a new main federal prosecutor – the new U.S. Attorney for the western district that includes the U.P.

It is unclear what the future is for Eastern District of Michigan U.S. Attorney Barbara McQuade.

Here are the recent Michigan federal press releases:

We will be publishing some of the shocking Michigan child porn/trafficking in humans cases filed recently

Western District of Michigan including Upper Peninsula:

https://www.justice.gov/usao-wdmi

 

Eastern District of Michigan includes Detroit:

 

This week, U.P. Breaking news showed you the deportation efforts in the Soo involving illegal aliens – and some cases downstate even involve aliens who should not be here but are also convicted felons.

Federal prosecutors, Homeland Security and the U.S. Customs and Border Patrol – all care.
In fact, these offices have always – been concerned about these types of crimes.

This happens almost daily in Michigan, but thought we’d give you a taste of one day in Grand Rapids, MI – indicting the people not legally in the U.S. who are caught by police in Michigan.

Some have detailed cases, others do not.

U.P. Breaking News is not worried about illegal aliens stealing U.P. jobs – but only those who live and work in the Soo know what it is really like on that Canadian borders.

The following is an example of one week of charges filed in federal court in Michigan’s western division. Plus with a new president, there may be a new U.S. Attorney for the eastern as well – everyone is holding their breath in the office  of U.S. Attorney Barbara McQuade.

The western district is the entire Upper Peninsula and the western half of the Lower Peninsula: These federal documents cost me about $20 this morning – plus a few others – that I will share.

Arturo Zamarripa-Cantu, alien felon reentry, Van Buren County, MI
Rudy Rene Yoc, alien felon reentry, Kent County, MI
Jose Nelson Garcia-Garcia, alien felon reentry, Kent County, MI
Abac-Xiloj, alien reentry, Missaukee County, MI
Jorge Abraham Vargas-Alegre, re-entry of deported aliens, Kent County, MI
Eliud Cruz-Chavez, alien felon reentry, Antrim County, MI

Indictments filed on Jan. 26, 2017 by U.S. Attorney for the Western District of Michigan Southern Division
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eliud-cruz-chavez-alien-felon-reentry-antrim-county-mi-criminal-complaint-1
eliud-cruz-chavez-alien-felon-reentry-antrim-county-mi-criminal-complaint-2
eliud-cruz-chavez-alien-felon-reentry-antrim-county-mi
gustavo-alexis-hernandez-padilla-re-entry-of-deported-aliens-kent-county-mi-criminal-complaint-1
gustavo-alexis-hernandez-padilla-re-entry-of-deported-aliens-kent-county-mi-criminal-complaint-2
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jorge-abraham-vargas-alegre-re-entry-of-deported-aliens-kent-county-mi-criminal-complaint-1
jorge-abraham-vargas-alegre-re-entry-of-deported-aliens-kent-county-mi-criminal-complaint-2
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\rudy-rene-yoc-alien-felon-reentry-kent-county-mi
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Arturo Zamarripa-Cantu, alien felon reentry, Van Buren County, MI

Case Summary

1:17-cr-00031-PLM All Defendants USA v. Zamarripa-Cantu
Date filed: 01/26/2017
Date of last filing: 01/27/2017

Arturo Zamarripa-Cantu, alien felon reentry, Van Buren County, MI

Van Buren County, MI

Magistrate Case:
1:17-mj-00021-PJG

Count: 1
Citation: 8:1326A.F
Offense Level: 4
8:1326(a), 8:1326(b)(1) REENTRY OF DEPORTED ALIENS; alien felon reentry
Defendant Custody Status: Custody This Court

defendant: Arturo Zamarripa-Cantu represented by Matthew George Borgula
Phone: (616) 458-5500
Email: matt@springsteadbartish.com

USA represented by Assistant U.S. Attorney Jennifer S. Murnahan
Phone: (616) 456-2404
Email: jennifer.murnahan@usdoj.gov
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Gustavo Alexis Hernandez-Padilla, re-entry of deported aliens, Kent County, MI

Case Summary
1:17-cr-00030-GJQ All Defendants USA v. Hernandez-Padilla
Date filed: 01/26/2017
Date of last filing: 01/27/2017

Gustavo Alexis Hernandez-Padilla, re-entry of deported aliens, Kent County, MI

Filed: 01/26/2017

County: Kent

Magistrate Case: 1:17-mj-00022-PJG

Count: 1
Citation: 8:1326A.F
Offense Level: 4
8:1326(a) REENTRY OF DEPORTED ALIENS
Defendant Custody Status: Custody This Court

Defendant Gustavo Alexis Hernandez-Padilla represented by

Donald W. Garthe(Designation CJA Appointment)
Phone: (616) 532-8310
Fax: (616) 532-8320
Email: dwgarthe@sbcglobal.net

USA represented by Assistant U.S. Attorney Jennifer S. Murnahan
Phone: (616) 456-2404
Email: jennifer.murnahan@usdoj.gov
——-
Rudy Rene Yoc, alien felon reentry, Kent County, MI

Case Summary

1:17-cr-00028-JTN
All Defendants USA v. Yoc
Date filed: 01/26/2017

Rudy Rene Yoc, alien felon reentry, Kent County, MI
Kent County, MI

Count: 1
Citation: 8:1326.F
Offense Level: 4
8:1326(a), 8:1326(b)(1) REENTRY OF DEPORTED ALIENS; alien felon reentry
Defendant Custody Status:

Defendant Rudy Rene Yoc

Plaintiff USA represented by Assistant U.S. Attorney Donald Daniels
Phone: (616) 456-2404
Donald.Daniels@usdoj.gov

——-

Jose Nelson Garcia-Garcia, alien felon reentry,Kent County, MI

Case Summary
1:17-cr-00029-RJJ
All Defendants USA v. Garcia-Garcia
Date filed: 01/26/2017
Date of last filing: 01/26/2017

Jose Nelson Garcia-Garcia
Filed: 01/26/2017
Kent County, MI
Magistrate Case:
1:17-mj-00016-PJG

Count: 1
Citation: 8:1326A.F
Offense Level: 4
8:1326(a), 8:1326(b)(1) REENTRY OF DEPORTED ALIENS; alien felon reentry
Defendant Custody Status: Custody This Court

Defendant Jose Nelson Garcia-Garcia represented by Cirilo Martinez(Designation CJA Appointment)
Phone: (269) 342-1112
Email: cirilo@umich.edu

Plaintiff:
USA represented by Assistant U.S. Attorney Jennifer S. Murnahan
Phone: (616) 456-2404
Email: jennifer.murnahan@usdoj.gov

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Abac-Xiloj, alien reentry, Missaukee County, MI

Case Summary

1:17-cr-00025-PLM All Defendants USA v. Abac-Xiloj
Date filed: 01/26/2017

Carlos Abac-Xiloj
Filed: 01/26/2017
Missaukee County, MI

Count: 1
Citation: 8:1326.F
Offense Level: 4
8:1326(a) REENTRY OF DEPORTED ALIENS; alien reentry
Defendant Custody Status:

Defendant: Carlos Abac-Xiloj

Plaintiff USA represented by Assistant U.S. Attorney Donald Daniels
Phone: (616) 456-2404
Donald.Daniels@usdoj.gov

——-

Jorge Abraham Vargas-Alegre, re-entry of deported aliens, Kent County, MI

Case Summary

Jorge Abraham Vargas-Alegre
Office: Southern Division
Filed: 01/26/2017
Kent County, MI
Magistrate Case: 1:17-mj-00020-PJG

Count: 1
Citation: 8:1326A.F
Offense Level: 4
8:1326(a) REENTRY OF DEPORTED ALIENS
Defendant Custody Status: Custody This Court

Defendant: Jorge Abraham Vargas-Alegre represented by Britt Morton Cobb(Designation Retained)
Phone: (616) 458-2212
Fax: (616) 458-1158
Email: bmc@willeychamberlain.com

Plaintiff USA represented by Assistant U.S. Attorney Donald Daniels
Phone: (616) 456-2404
Donald.Daniels@usdoj.gov

——-

Eliud Cruz-Chavez, alien felon reentry, Antrim County, MI

Case Summary

1:17-cr-00026-JTN All Defendants USA v. Cruz-Chavez
Date filed: 01/26/2017

Eliud Cruz-Chavez
Filed: 01/26/2017
County: Antrim
Magistrate Case: 1:17-mj-00023-PJG

Count: 1

Citation: 8:1326A.F Offense Level: 4
8:1326(a), 8:1326(b)(1) REENTRY OF DEPORTED ALIENS; alien felon reentry
Defendant Custody Status: Custody This Court

Defendant Eliud Cruz-Chavez represented by Sharon A. Turek(Designation Public Defender or Community Defender Appointment)
Phone: (616) 742-7420
Email: sharon_turek@fd.org

Plaintiff USA represented by Assistant U.S. Attorney Donald Daniels
Phone: (616) 456-2404
Donald.Daniels@usdoj.gov

 


Michigan’s new top federal prosecutors too the helm this week – on Monday, january 23, 2017:

FOR IMMEDIATE RELEASE
Monday, January 23, 2017

Veteran Leader Takes The Helm Of U.S. Attorney’s Office:

New Top Federal Prosecutor for the Western District of Michigan, including U.P., is U.S. Attorney Andrew Byerly Birge

GRAND RAPIDS, MICHIGAN — Andrew Byerly Birge assumed the duties of Acting U.S. Attorney by operation of law following U.S. Attorney Patrick Miles, Jr.’s resignation last Friday at noon.

Birge was serving until then as the First Assistant, the senior-most management position in the office.

Birge held the First Assistant position for the last nine and a half years. U.S. Attorney Charles Gross first tapped him for the role in May of 2007, under then-President George W. Bush’s administration. U.S. Attorneys Donald A. Davis and Patrick Miles each subsequently asked him to continue serving in that capacity.

A First Assistant functions as the chief advisor to the U.S. Attorney and oversees the office’s civil and criminal litigation as well as its administrative operations. Miles said of Birge: “I know I am leaving the office in good hands.” Miles described Birge as “extremely knowledgeable” and a person of “impeccable integrity.”

Birge has been with the U.S. Attorney’s Office for over sixteen years. Prior to assuming senior management responsibilities, he oversaw the office’s appellate practice and handled all manner of criminal cases.

He began his legal career as a law clerk to the late Chief U.S. District Court Judge Richard A. Enslen, in Kalamazoo, Michigan. Prior to joining the U.S. Attorney’s Office, he was an Associate for several years with the law firm of Jenner & Block in Chicago, Illinois.

Birge expects to serve as the Acting U.S. Attorney until President Donald Trump nominates and the U.S. Senate confirms a successor U.S. Attorney. “I take great pride in undertaking this opportunity. This office has remarkably dedicated and talented attorneys and staff with an outstanding record of holding wrongdoers accountable and vindicating the interests of the United States. I plan to continue that tradition of excellence in the pursuit of justice.”

Birge obtained his law degree from the Columbia University School of Law, where he was a Harlan Fiske Stone Scholar. He obtained his Bachelor of Arts degree from Carleton College, where he graduated cum laude and with Distinction as a history major.

A mixture of U.P./downstate news not always reported: The Ice Man Slammed, Bank robber sentenced, another charged; $22 million dollar IRS settlement; Lawsuit about Marquette Branch Prison; Man busted for sexual exploitation of children; Federal prisoner served almost 111 month sentence then makes terrible mistake (Did he want to go back?)

Important and urgent – U.P. Breaking News Bulletin “The Ice Man Cometh and Goeth to Prison” 12-22-16 5:15 p.m. ET
Slammed Federal Judge Robert Holmes Bell gives a long sentence to a man charged in a large methamphetamine ring downstate. You can down load and read everything about this case – interesting meth operation One of numerous U.P. And west Michigan cases paid for by U.P. Breaking News – so you can read it or download for free – and many of the cases have never been covered by the media.

URGENT – A mixture of U.P. And downstate news that hasn’t been reported – including a $22 million dollar IRS settlement; Lawsuit over medical conditions at Marquette Branch Prison. Others: Man charged with sexual exploitation of children; Federal prisoner who had served almost his entire 111 month sentence and did something very stupid

U.P. Breaking News spends a fortune on federal records.
Often we pay for stuff that has not been reported downstate but is not from U.P.
A few examples – and we are providing links to record you can download for more information. One case mentions being the “taxpayers alter ego.”


What do you do when you owe the IRS over $22 million dollars =- you let the government take over operation of your business (scroll down).

Sometimes the criminal cases are interesting and – and so are the federal civil cases – including one that revealed a whopper of a story last week – but no one covered it – now we do. Here are 4 of many examples I could post.  We have to be thorough and that means keeping watch.

Important and urgent - U.P. Breaking News Bulletin “The Ice Man Cometh and Goeth to Prison”  12-22-16  5:15 p.m. ET
Slammed Federal Judge Robert Holmes Bell gives a long sentence to a man charged in a large methamphetamine ring downstate. You can down load and read everything about this case – interesting meth operation
One of numerous U.P. And west Michigan cases paid for by U.P. Breaking News – so you can read it or download for free – and many of the cases have never been covered by the media.

(Grand Rapids, MI) - Sentencing this week for “The Ice Man” - the main defendant in a huge methamphetamine ring.
The Ice Man received a long prison term (300 months) in federal court for a meth conspiracy in Kalamazoo County and elsewhere
Johnny Wayne Ratliff was sentenced to 25 years in federal prison on Mon, Dec. 20, 2016 by U.S. District Court Judge Robert Holmes Bell in Grand Rapids. There is no parole or early release in the federal prison system. Once release, Ratliff will be under 5 years supervised release.

JOHNNY WAYNE RATLIFF,

a/k/a “Iceman,”

a/k/a “Memphis,”

and

BRANDON D. JORDAN

Download The Iceman – or just read the pdf. (no cost at all ever):

the-ice-man-big-meth-rin-criminal-complaint-more-info-1

the-ice-man-big-meth-rin-criminal-complaint-more-info-2

johnny-wayne-ratliff-sentencing

johnny-wayne-ratliff-indictment-1

 

Under a plea agreement Ratliff, entered a guilty plea to the charge of conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine

Johnny Wayne Ratliff (1)
Office: Southern Division (1)     	Filed: 11/18/2015
County: Kalamazoo 	Terminated: 12/20/2016     	Reopened:
Magistrate Case: 	1:15-mj-00231-ESC

Count: 1 	Citation: 21:846=CD.F     	Offense Level: 4
     21:846, 21:841(a)(1), 21:841(b)(1)(A)(viii) CONSPIRACY TO DISTRIBUTE CONTROLLED SUBSTANCE; methamphetamine conspiracy
Count: 3 	Citation: 21:841B=CP.F     	Offense Level: 4
     21:841(a)(1), 21:841(b)(1)(C) CONTROLLED SUBSTANCE - POSSESSION; possession with intent to distribute methamphetamine
Count: 4 	Citation: 21:841A=NP.F     	Offense Level: 4
     21:841(a)(1), 21:841(b)(1)(C) NARCOTICS - POSSESSION; possession with intent to distribute heroin
Count: 5 	Citation: 18:922G.F     	Offense Level: 4
     18:922(g)(1), 18:921(a), 18:924(a)(2) UNLAWFUL TRANSPORT OF FIREARMS, ETC.; felon in possession of a firearm
Count: 1s 	Citation: 21:846=CD.F     	Offense Level: 4
     21:846, 21:841(a)(1), 21:841(b)(1)(A)(viii) and 841(b)(1)(C) CONSPIRACY TO DISTRIBUTE CONTROLLED SUBSTANCE; methamphetamine conspiracy
Count: 3s 	Citation: 21:841B=CP.F     	Offense Level: 4
     21:841(a)(1), 21:841(b)(1)(C) CONTROLLED SUBSTANCE - POSSESSION; possession with intent to distribute methamphetamine
Count: 4s 	Citation: 21:841B=NP.F     	Offense Level: 4
     21:841(a)(1), 21:841(b)(1)(C) NARCOTICS - POSSESSION; possession with intent to distribute heroin
Count: 5s 	Citation: 18:922G.F     	Offense Level: 4
     18:922(g)(1), 18:921(a), 18:924(a)(2) UNLAWFUL TRANSPORT OF FIREARMS, ETC.; felon in possession of a firearm
Count: 1ss 	Citation: 21:846=CD.F     	Offense Level: 4
     21:846, 21:841(a)(1), 21:841(b)(1)(A)(viii) and 841(b)(1)(C) CONSPIRACY TO DISTRIBUTE CONTROLLED SUBSTANCE; methamphetamine conspiracy
Count: 2ss 	Citation: 21:841B=CP.F     	Offense Level: 4
     21:841(a)(1), 21:841(b)(1)(C) CONTROLLED SUBSTANCE - POSSESSION; possession with intent to distribute methamphetamine
Count: 3ss 	Citation: 18:922G.F     	Offense Level: 4
     18:922(g)(1), 18:921(A), 18:924(a)(2) UNLAWFUL TRANSPORT OF FIREARMS, ETC.; felon in possession of a firearm
Defendant Custody Status: Custody This Court
Flag: FORFEITURE

plaintiff: USA Federal Prosecutor
Assistant U.S. Attorney  Heath M. Lynch	
Phone:	(616) 456-2404
Email:	heath.lynch at usdoj.gov


 

——-


Bank robber sentenced yesterday, Dec. 21, 2016 – 12-21-16

Admitted bank robber Durand Quentin Lee received nearly six years (70 months) in federal prison yesterday by a federal judge Paul L. Maloney

Lee was indicted for the May 2016 holdup at the Huntington Bank in Kent County.

He used a pistol. Lee pleaded/pled guilty to armed bank robbery Lee will be on three years supervised released after prison.

durand-quentin-lee-bank-robber-sentenced-12-21-16

durand-quentin-lee-bank-robery-indictment by-federal-grand-jury

——-
Our next robbery case:



Case Summary
1:16-cr-00090-PLM All
Defendants USA v. Lee
Date filed: 05/03/2016
Date terminated: 12/20/2016
Date of last filing: 12/20/2016

Durand Quentin Lee
Office: Southern Division (1)     	Filed: 05/03/2016
County: Kent
Sentencing/Terminated: 12/20/2016

Count: 1
Citation: 18:2113A.F
Offense Level: 4
18:2113(a) and (d) BANK ROBBERY BY FORCE OR VIOLENCE; armed bank robbery
Defendant Custody Status: Custody This Court


Asst. U.S. Attorney Daniel Y. Mekaru 	
Phone:	(616) 456-2404
Email:	daniel.mekaruat usdoj.gov


plaintiff: USA Federal Prosecutor
Assistant U.S. Attorney Alexis M. Sanford 	
Phone:	(616) 456-2404
Email:	alexis.sanford at usdoj.gov

-------

Alleged bank robber busted for a June 2016 stickup at a bank in Cass County.
William Randall Sexton allegedly used “intimidation” when he is accused of robbing over $1,600 from a Chemical Bank Employee.
Read the criminal charges and more:

william-randall-sexton-bank-robbery-2

william-randall-sexton-bank-robbery-1

william-randall-sexton-bank-robbery-criminal-complaint-dec-2016-1

william-randall-sexton-bank-robbery-criminal-complaint-dec-2016-2

 
Date of last filing: 12/20/2016

Office: Southern Division
Filed: 12/20/2016
County: Kent
Magistrate Case: 	1:16-mj-00161-ESC

Count: 1
Citation: 18:2113A.F
Offense Level: 4
18:2113(a)
BANK ROBBERY BY FORCE OR VIOLENCE; bank robbery

Defendant in Custody

Defendant: Designation Assistant U.S. Attorney) 		
Plaintiff: USA Federal Prosecutor
Assistant U.S. Attorney Alexis M. Sanford
Phone:	(616) 456-2404
Email:	alexis.sanford@usdoj.gov

-------

Jesus Jose Garcia-Orozco
Office: Southern Division
Filed: 12/21/2016
County: Kent
Reopened: Other Court Case: Complaint
Offense Level: 4
8:1326(a)(b)(2) Unlawful reentry of a removed alien having been convicted of an aggravated felony; 42:408(a)(7)(B)
False representation of a Social Security number Defendant Custody Status:  

Defendant: Jesus Jose Garcia-Orozco
plaintiff: USA Federal Prosecutor
Assistant U.S Attorney Donald Daniels
Phone:	(616) 456-2404
Email:	Donald.Daniels@usdoj.gov
-------

Jorge Solorio-Lopez
Office: Southern Division (1)     	Filed: 12/21/2016
County: Berrien 	Terminated:      	Reopened:
Magistrate Case: 	1:16-mj-00312-ESC

Count: 1
Citation: 18:1028A.F
ffense Level: 4
18:1028(a)(3
FRAUD WITH IDENTIFICATION DOCUMENTS; possession of five or more false identification documents

Defendant Custody Status: Custody This Court
Flags: FORFEITURE,INTERPRETER

Defendant: Jorge Solorio-Lopez
Represented by 	Kenneth P. Tableman(Designation CJA Appointment) 	
Phone:	(616) 233-0455
Fax:	(616) 776-3905

Email:	tablemank@sbcglobal.net
plaintiff: USA Federal Prosecutor
Assistant U.S. Attorney Jennifer S. Murnahan
Phone:	(616) 456-2404
Email:	jennifer.murnahan@usdoj.gov



The government is now in the recycling business after cracking down on a Nebraska business that apparently operated in several locations.

Check out this – a $22 million dollar IRS settlement revealed.

The case is:

Southern Division CP Recycling Of Nebraska, Inc;

CP Recycling, Inc; And

CP Bio Energy, Inc.

Plaintiffs,

V.

The United States of America,

Defendant

The fantastic $22 million dollar settlement was revealed last week in federal paperwork at the United States District Court Western District of Michigan Southern Division.

The case started as the company’s complaint against the IRS – but soon auditors turned the books on the case:

2004: Plaintiffs, CP Recycling of Nebraska, Inc., CP Recycling, Inc., and CP Bio Energy, Inc.

The IRS has assessed tax liability of $22,847,407.42 against CP Renewable Energy Marketers, LLC, a now-dissolved Michigan limited liability company (the “Taxpayer”) for unpaid taxes, not including interest and penalties. The IRS levied that assessment against the bank accounts of Plaintiffs, on the theory that Plaintiffs are the alter egos of Taxpayer. Each Plaintiff is a separate and distinct legal entity from the Taxpayer and not Taxpayer’s alter ego.

recycling-biz-against-irs-original-suit-2014-1

recycling-biz-against-irs-original-suit-2014-2

recycling-biz-against-irs-original-suit-2014-3

recycling-biz-against-irs-original-suit-2014-4

recycling-biz-against-irs-original-suit-2014-5

settlement-between-irs-and-recycling-1

settlement-between-irs-and-recycling-2

settlement-between-irs-and-recycling-3


Meanwhile read this lawsuit brought by inmate Timothy Daniel Finley against the Marquette Branch Prison and others.

The federal civil lawsuit filed last month talks about about medical conditions and the staff at the Lots of lawsuits have been filed and we decided to include this because of Marquette Branch Prison:

inmate-timothy-daniel-finleylasuit-against-marquette-branch-prison-nov-2016-8

inmate-timothy-daniel-finleylasuit-against-marquette-branch-prison-nov-2016-7

inmate-timothy-daniel-finleylasuit-against-marquette-branch-prison-nov-2016-6

inmate-timothy-daniel-finleylasuit-against-marquette-branch-prison-nov-2016-5

inmate-timothy-daniel-finleylasuit-against-marquette-branch-prison-nov-2016-4

inmate-timothy-daniel-finleylasuit-against-marquette-branch-prison-nov-2016-3

inmate-timothy-daniel-finleylasuit-against-marquette-branch-prison-nov-2016-2

inmate-timothy-daniel-finleylasuit-against-marquette-branch-prison-nov-2016-1


An alleged escapee from a federal release center has been arrested by U.S. Marshals on a felony criminal complaint charging escape.

He was declared an U.S. Marshals escapee on Dec. 12, 2016 – after several days of not returning phone calls from the center.
Michael Cornelius Sterling, 26, had just about completed a 111 month sentence – when he allegedly fled in Kent County on Dec. 9, 2016:

michael-cornelius-sterling-escapee-kent-county-2

michael-cornelius-sterling-escapee-kent-county-1



Meanwhile in Calhoun County, MI on Dec. 16, 2016 a felony criminal complaint charging sexual exploitation of children was filed by FBI agents and approved by U.S. Magistrate Judge Ray Kent in Grand Rapids.

Read more about the alleged sicko exploits – allegedly by Matthew Andaluz:

matthew-andaluz-sexual-exploitation-of-children-2

matthew-andaluz-sexual-exploitation-of-children-1

 

See the ‘Boo Hoo Letter’ from a Michigan Child Pornographer who wants to marry his co-defendant: Michigan’s Child Pornographers – Plus the alleged suspects in federal cases involving charges of child porno and sex crimes against kids across the Upper Peninsula, Michigan and northern Wisconsin

This is the new U.P. Breaking News page devoted to exposing the many federal cases involving child pornographers and the child pornography and sex cases filed in northern Michigan federal courts and some of the Lower Peninsula (if you are found not guilty let us know otherwise do not complain that we expose the admitted creeps of society)

U.P. Breaking News lets the chips fall where they may – raising public awareness is one of the duties of the media.

If you know someone with child pornography or who has committed sex crimes against children – please call the police asap!

——-

Page under construction – constantly updating – will be adding more cases and their results plus updating all cases – if you have a federal case you would like to see us feature – please send the name to U.P. Breaking News through Facebook, email or call

——-

Normann Robert Pittelkow of Albion, MI – 22 years in prison for child porno

Girlfriend Nicole Renee Jacob – 15 years in prison

letter-from-child-pornographer

Just released by U.P. Breaking News – Read the astounding “Boo-Hoo Letter” from a Michigan child pornographer who was sentenced this week to two decades in prison

prison-term-for-pittelkow-and-nicole-reneee-jacob

Couple involved in child porn – now off to prison – but will they be allowed to get married

Boo-Hoo Letter from child pornographer Normann Robert Pittelkow

Normann Robert Pittelkow Sentencing Child Porn 11-20-16

Nicole Jacob Sentencing

Normann Robert Pittelkow and Nicole Renee Jacob, Child Porn Indictment 12-08-15

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

A longtime Albion, Michigan couple – who want to get married in federal slammer – are headed to federal prison for a long time after pleaded guilty in connection with shocking case in Calhoun County involving child porn and exploitation of children for getting three underage girls to pose for naked photos that he posted on the internet.

For the next 30 plus years the feds to keep an eye on the man – mostly in federal prison and has been ordered to pay over $20,000 to his minor victim plus restitution for his prosecution in a series of fees/fines.

Normann Robert Pittelkow of Albion, MI will spend over 22 years (265 months) in federal prison for sexual exploitation children and and possession of child pornography.

Pittelkow and his long-time girlfriend, coerced young three sisters to pose for nude and lingerie photos The girls were aged 13, 14, and 16. The crimes committed in September 2013.

In an incredible letter to the judge, Pittelkow said he seeks to “repair the damage” his crimes have caused and “figure out why my thought process broke down and get it mended.”

Saying he has lost all friends, co-workers and family, who are apparently not interested in his apologies.

Pittelkow was sentenced this week (Nov. 30, 2016) by a disgusted U.S. District Judge Robert Holmes Bell in Grand Rapids, MI.

His girlfriend, Nicole Renee Jacob, will spend over 15 years (180 months) in prison after a plea agreement with federal prosecutors. She was sentenced on Oct. 27, 2016 by Judge Bell.

In a five page letter to the judge, Pikkelkow even claims to want to marry his partner of 14-years – even though they were involved in a child porn plot.

Pittelkow was represented by attorney Helen Nieuwenhuis.

After serving the 22 years, he will be placed on ten years of supervised release.

Pittelkow was indicted with numerous felonies including four counts of “sexual exploitation of children; sexual exploitation of a child and attempted sexual exploitation of a child and one count of material constituting/containing child porno; possession of child pornography

Jacob was charged with sexual exploitation of children; sexual exploitation of a child and attempted sexual exploitation of a child

The federal prosecutors in the case is Assistant U.S. Attorney Tessa K. Hessmiller and Assistant U.S. Attorney Jennifer S. Murnaha.

Federal prosecutors:

Assistant U.S. Attorney Tessa K. Hessmiller

Assistant U.S. Attorney Jennifer S. Murnahan

(616) 456-2404

tessa.hessmiller at usdoj.gov

jennifer.murnahan at usdoj.gov

——-

Aaron Tyler Dulac – 15 years in prison

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

Aaron Tyler Dulac was sentenced on Nov. 28, 2016 to 15 years (180 months) in federal prison – followed by eight years of supervised release – by United States District Court Judge Paul L. Maloney for child porn offenses on March 27, 2013 in Ingham County, MI.

Distribution of Child Pornography

Counts 2-4 and 5-6 are dismissed

United States District Court for the Western District of Michigan Southern Division

Dulac knowingly distributed child pornography that was shipped and transported using any means and facility of interstate and foreign commerce, including by computer. Specifically, the defendant distributed approximately 24 images and 2 videos of child pornography via e-mail through the internet, including, but not limited to, one or more of the following visual depictions:

14_yo_hairbrush-sluurrps.avi

Other Sexy party with some children 3 (400).3gp

[name redacted]_005.jpg

[name redacted]_006.jpg

[name redacted]_007.jpg

——-

Robert Thomas Carlson of Marquette County

Carlson was indicted for possession of child pornography by a federal grand jury in Marquette on Tuesday, August 12, 2014 – one of three U.P. cases filed by the office of United States Attorney Patrick A. Miles, Jr. in the U.S. District Court for the Western District of Michigan that includes the Upper Peninsula.

——-

54-year-old Mark Earl McLeod of Marion, Michigan – died before sentencing after pleading guilty

In May 2015, a federal judge dismissed the indictment after the suspect’s death

“Having received and reviewed the government’s motion to dismiss the indictment due to the defendant’s confirmed death, and defense counsel not opposing the motion, the court hereby grants the motion, and orders that the indictment be dismissed.”

Distribution of Child Pornography on or about February 25, 2012, in Osceola County, in the Southern Division of the Western District of Michigan.

McLeod was indicted on Tuesday, August 12, 2014 for possession and distribution of child pornography – involving preteen boys – during 2012 in Osceola County.

McLeod “knowingly possessed approximately 564 images and approximately 48 videos of child pornography,” the indictment states.

McLeod “knowingly distributed child pornography that was shipped and transported in and affecting interstate and foreign commerce by any means, including by computer,” the indictment states and continues “the defendant distributed child pornography via the Internet using a peer-to-peer file sharing program.”

Mark Earl McLeod knowingly distributed child pornography that was shipped and transported in and affecting interstate and foreign commerce by any means, including by computer. The defendant distributed child pornography via the Internet using a peer-to-peer file sharing program, including, but not limited to, one or more of the visual depictions listed below by file name:

REALLY SICK 9yo boys xxxing in the Axx Preteen Pedo Boys Playing Sucking Gay

inzest, incest, 8, 9, 10, 11, 12, 13, 14, 15, 16RBV KDV PT R@YGOLD PRT PTHC PJK

dick cock Preteen.jpg; and

!2005! Preteen boys posing nude zadoom kdv rbv pthc fenerbahce shx gay sex 9yo 106yo

11yo 112(1)(1).JPG.

Count two possession of child pornography on or about May 7, 2012, in Osceola County, in the Southern Division of the Western District of Michigan, Mark Earl McLeod knowingly possessed approximately 564 images and approximately 48 videos of child pornography, including, but not limited to, one or more of the visual depictions listed below by file name:

1. aaaa boylove gay pedo preteen boy sex child porn 107.jpg;

2. aaaa boylove gay pedo preteen boy sex child porn 129.jpg;

3. aaaa boylove gay pedo preteen boy sex child porn 143.jpg;

4. 1 [name redacted] & [name redacted] 2 Cute Gay Preteen Boys 11Yo 10Yo Brothers

Naked Nude On Bed Pedo Young Child Sex Kdv Rbv Pjk(11).jpg;

5. {FC03A2F5-2875-496D-86D2-C86F8C1BF739}.jpg; and

6. Preteen Boys 3some RBV KDV PT R@YGOLD PRT PTHC PJK Preteen Kids Boys

Little illegal Incest Pedo Young Gay Teen Innocent Child Hairless 08.jpg.

Such depictions were shipped and transported using any means and facility of interstate and foreign commerce. Specifically, the defendant downloaded these images from the Internet.

https://upperpeninsulabreakingnews.wordpress.com/category/mark-earl-mcleod/

http://upperpeninsulabreakingnews.tumblr.com/post/94758978612/pervs-r-us-child-porn-andor-molestation-charges

http://michigan.obituaries.funeral.com/2015/05/14/mark-earl-mcleod

——-

Christopher Michael-Ernest Smith a/k/a “mikedphunt at yahoo.com” of Grand Rapids, MI was sentenced to seven years (84 months) in prison on Oct. 21, 2016 by U.S. District Court Judge Riobert J. Jonker for Receipt of Child Pornography that occurred in September 2014 in Kent County, Michigan.

After prison, he will spend 10 years on supervised release

Indictment: Christopher Michael-Ernest Smith a/k/a “mikedphunt at yahoo.com” knowingly distributed child pornography that was shipped and transported using any means and facility of interstate and foreign commerce. Specifically, the defendant distributed approximately 16 images of child pornography via e-mail through the internet, including, but not limited to, one or more of the visual

depictions listed below by file name:

1. dsc00035.jpg

2. dsc00057.jpg

3. dsc00074.jpg

4. dsc00080.jpg

5. [name redacted]1_set36_066.jpg

6. [name redacted]1_set36_062.jpg

7. [name redacted]1_set36_065.jpg

8. [name redacted]1_set36_067.jpg

9. [name redacted]1_set36_093.jpg,

10.[name redacted]1_set36_095.jpg

11.[name redacted]1_set36_096.jpg

12.[name redacted]1_set36_097.jpg

13.[name redacted]1_set36_098.jpg

14.[name redacted]1_set36_100.jpg

15.hard(154).jpg

16.hard(195).jpg

18 U.S.C. § 2252A(a)(2)(A) and (b)(1)

18 U.S.C. § 2256(8)(A)

Criminal Sexual Conduct – Second Degree (person Under Thirteen) Date Convicted: 07 July 2005

 ——-

34-year-old Douglas Emil Kugler, Jr. of Vilas County, Wisconsin on Wednesday, July 13, 2014 agreed to a plea bargain and pleaded guilty to one count of abusive sexual contact with a child under the age of 12.

Kugler signed the plea agreement on August 7 before his defense attorney Derek G. Swajanen and assistant U.S. Attorney Paul D. Lockner.

The maximum penalty if Kugler pleads guilty is 20 years in jail, a $250,000 fine and five years probation.

Kugler must file as a sexual offender in Wisconsin.

A non-native Kugler allegedly had sexual contact with a young Native American boy- about 3 and a half years old – while visiting a family member at the Keweenaw Bay Indian Community in Baraga, Michigan.

——-

61-year-old Tommy Alan Cain, formerly of Kincheloe, was arrested in Grand Rapids on July 24, 2014 after his indictment by a federal grand jury on multiple sexual abuse laws involving a minor:

Five counts of Sexual Abuse by Threat (Max life sentence if convicted)

One count of Abusive Sexual Contact by Threat (Max 3 years if convicted)

Six counts of Sexual Abuse of a Minor. (Max 6 years per count – or 36 years total – if convicted

The indictment alleges Cain engaged in sexual acts with a minor victim over a four-year period beginning in 2007 on trust lands of the Sault Ste. Marie Tribe of Chippewa Indians.

Cain,who is non-native, is accused of molesting and terrorizing a female minor who is Native American.

——-

Derek Allen Kidder of Kent County, Michigan was indicted on August 6, 2014 by a federal grand jury in Grand Rapids on two felonies involving the receipt and possession of child pornography depicting very young boys and girls.

Kidder allegedly received and viewed child pornography on or about September 6 and 7, 2011 in Kent County on his computer.

——-

John Richard Balyo of Kalamazoo was indicted on July 23, 2014 by a federal grand jury in Grand Rapids on felony charges of sexual exploitation of a child and possession of child pornography.

Balyo allegedly “produced photographs of a boy” about 12 years old and then “engaged in sexually explicit conduct” on April 19, 2014 in Kalamazoo County, Michigan.

Under forfeiture proceedings, if Balyo is convicted the government plans to take his Apple iPhone4S, and Apple iMac computer and a Nikon digital camera.

——-

Related info:

Michigan child porn stories: Mid-Michigan man facing felony child pornography charges: Willard Wallace Jr., 56, of Midland is accused of producing child porn with kids between the ages of 2 and 7

http://www.wnem.com/story/26349983/neighbors-speak-out-after-mid-michigan-man-arrested-on-child-porn-charges

Perv Priests:

http://bishop-accountability.org/priestdb/PriestDBbylastName-M.html http://bishop-accountability.org

FBI Dead Pool:

https://www.dpscs.state.md.us/onlineservs/sor/sor_listings/pdf_bycat.pdf

Perv stories:

http://www.policeprostitutionandpolitics.com/index.php?option=com_content&view=article&id=100:pedophile-and-child-porn-cops-all-years&catid=1:latest-news&Itemid=50

Laws:

18 U.S.C. § 2252A(a)(2)(A) and (b)(1)

18 U.S.C. § 2256(8)(A)

18 U.S.C. § 2252A(a)(5)(B) and (b)(2)

U.P. Breaking News Shocking Exclusive: Federal tribal domestic violence charges dropped against non-Indian Bobby Lee Jones Jr. in Menominee County, MI – while alleged Native American female DV victim Veronica Mae Williams was arrested

Native American woman arrested after Domestic Violence claim led to arrest of non-native man in southern U.P. – as federal prosecutors apparently change their minds on who is the victim and who is the suspect – Bobby Lee Jones, Jr. was ordered released from jail today

By Greg Peterson
Owner, News Director
U.P. Breaking News
906-273-2433

(Marquette, MI) – In a stunning turn of events – a man accused of domestic violence on southern Upper Peninsula tribal lands was ordered freed today – and the alleged native female victim arrested.

Details of the turn of events are not clear – but it appears federal officials were having a hard time getting the alleged victim to testify – and have left open the possibility that charges could be refiled against the suspect – who is a free man.

The (non-Indian) man originally charged – Bobby Lee Jones, Jr. – was ordered released today after federal prosecutors moved to dismiss all charges without prejudice. Jones was ordered released from custody early today by U.S. Magistrate Judge Timothy P. Greeley.

Meanwhile the native woman who made the allegations – Veronica Mae Williams – was ordered arrested on Oct. 12, 2016 – by request of federal prosecutors.

The woman was picked up on a material witness arrest warrant. It is not clear if she remains jailed. The material witness warrant was made by federal prosecutor Hannah N. Bobee, who has a solid track record of throwing tribal domestic violence offenders in prison.
“Veronica Mae Williams is a necessary and material witness in a proceeding before the Court and it appears that said witness may not appear unless brought before the Court,” the motion states.
However since that time – Asst. U.S. Attorney Bobee has dismissed charges – without prejudice – against Jones.
bobby-lee-jones-sr-case-new-arrest-warrant-veronica-mae-williams-10-12-16bobby-lee-jones-sr-dismissal-order-10-26-16bobby-lee-jones-sr-federal-prosecutor-motion-to-dismiss-10-25-16bobby-lee-jones-sr-release-from-custody-order-10-26-16

Background:

Bobby Lee Jones, Jr. was arrested after officials filed an “information” – one of the tools federal prosecutors use to file criminal charges. The charge is a Class A misdemeanor. That charge has since been dropped. It was filed with the federal clerk’s office on Mon., August 29, 2016 at the U.S. District Courthouse in Marquette, MI.

Jones, a non-native, was accused of assaulting a Native American female “with whom he had a dating relationship.”

The alleged victim said the incident happened on Sunday, Aug. 28, 2016 “in Indian Country” in Menominee County, although further details were not released.

Its not clear whether the attack happened on lands claimed by the Hannahville Indian Community or the Menominee Indian Tribe of Wisconsin – that both have tribal lands inside Menominee County, MI.

The charge is “assault by striking, beating or wounding.”
U.P. Breaking News was withholding the identity of the victim identified only as V.M.W.

——-

Previous stories:

A domestic assault on tribal lands in Menominee County leads to federal charges against the suspect who allegedly assaulted a Native American woman he was dating

2016 DV Bobby Lee Jones, Jr. Misd. Information graphicBobby Lee Jones, Jr. Class A Misd Federal Information

By Greg Peterson

Owner, News Director

U.P. Breaking News

906-273-2433

(Marquette, MI) – A domestic violence assault this weekend on tribal lands in Menominee County has resulted in federal charges being filed against the suspect.

Bobby Lee Jones, Jr. was arrested after officials filed an “information” – one of the tools federal prosecutors use to file criminal charges.

The charge is a Class A misdemeanor – was filed with the federal clerk’s office on Mon., August 29, 2016 at the U.S. District Courthouse in Marquette, MI.

Jones, a non-native, is accused of assaulting a Native American female “with whom he had a dating relationship.”

The incident happened on Sunday, Aug. 28, 2016 “in Indian Country” in Menominee County, although further details were not released.

Its not clear whether the attack happened on lands claimed by the Hannahville Indian Community or the Menominee Indian Tribe of Wisconsin – that both have tribal lands inside Menominee County, MI.

The charge is “assault by striking, beating or wounding.”
U.P. Breaking News is withholding the identity of the victim identified only as V.M.W.

bobby-lee-jones-sr-release-from-custody-order-10-26-16bobby-lee-jones-sr-federal-prosecutor-motion-to-dismiss-10-25-16bobby-lee-jones-sr-dismissal-order-10-26-16bobby-lee-jones-sr-case-new-arrest-warrant-veronica-mae-williams-10-12-16

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U.P. Breaking News Exclusive: Suffering Selfie – Detroit native who ‘grew up in the hood’ gets six years in federal prison for taking a ‘Selfie’ – The problem? He is a convicted felon!!

The “Selfie” that sent a man to prison – Millions of selfies are taken daily across the world – But when will convicted felons learn not to pose with a gun?

2016 Mqt Fed Crt Sentencings Judge last day 6-22-16 by Greg Peterson (30)2016 Mqt Fed Crt Sentencings Judge last day 6-22-16 by Greg Peterson (29)

Grew up in the Hood
Convicted felon Montdesze Antonio Johnson, 31, was surrounded by drugs and “grew up in the hood,” in Detroit, MI, according to his defense attorney – Assistant U.S. Public Defender Elizabeth A. LaCosse

By Greg Peterson

News Director, Owner

Upper Peninsula Breaking News

2016 Mqt Fed Crt Sentencings Judge last day 6-22-16 by Greg Peterson (31)(Marquette, MI) – It may be the costliest selfie ever taken in Michigan’s Upper Peninsula – a place where selfies are common thanks to summer tourists visiting the beautiful wilderness and Lake Superior.

Convicted felon Montdesze Antonio Johnson, 31, took a “picture on his phone” holding a pistol – and that selfie has put him in federal prison.

Johnson got almost 6 years in prison but that’s a lot better than the maximum sentence of 10 years.

2016 Mqt Fed Crt Sentencings Judge last day 6-22-16 by Greg Peterson (28)

U.S. Marshals escort Montdesze Johnson into federal court in Marquette, MI on June 22, 2015 for sentencing.  Photo by Greg Peterson

In an effort to possibly elicit leniency from the judge, Johnson’s defense attorney immediately tried to set the sympathy bar very low using the “P” card or maybe the “H” card.

Poverty stricken and “growing up around drugs” in the Detroit area, Johnson grew up “basically in the hood,” said Assistant U.S. Public Defender Elizabeth A. LaCosse. “He had a lot of issues growing up – he can be rehabilitated.”

The gun has not been found and “nobody saw him with the gun,” LaCosse said. The owner “showed off the gun to my client and Ms. Flaska” adding before it disappeared the gun was in a case and stored in a shed.

Johnson was was sentenced to nearly six years in federal prison for taking a selfie – the only problem is he was holding a pistol. If you have a felony record – like carjacking – you can’t possess a gun – ever – not for any reason.

The selfie might not seem like that big of a deal, however prosecutors say Johnson has a long history of getting into trouble – like convictions on two counts of carjacking.

2016 Mqt Fed Crt Sentencings Judge last day 6-22-16 by Greg Peterson (117)

Johnson has “quite a record,” U.S. District Court Judge R. Allan Edgar, adding the reason Johnson must be put in prison for public protection.

Johnson grew up around poverty and drugs, LaCosse said, adding he started abusing marijuana and alcohol at age 12.

The theft of cars and carjacking are not crimes that can easily be explained away, prosecutors said.

It’s not like he stole bags of potato chips or packs of gum – cars are a big deal in America,” said Asst. U.S. Attorney Maarten Vermaat. “This is a big deal.”

It’s not like he stole bags of potato chips or packs of gum – cars are a big deal in America,” said Asst. U.S. Attorney Maarten Vermaat. “This is a big deal.”

Before sentencing, Johnson apologized and said he had “no excuses.”

I apologize to the court,” Johnson said.

Johnson said he’d “made better decisions” and described himself as “very impulsive.”

Last week (June 22, 2016) in Marquette, federal Judge R. Allan Edgar sentenced Johnson to 70 months in federal prison and that equals five years and 10 months. After serving his federal prison sentence, Johnson will be under three years supervised release.

Under a plea agreement with prosecutors, Johnson pleaded guilty to count one of the two-count indictment returned on Dec. 15. 2015 by a federal grand jury sitting in Marquette. The judge dismissed count two of the indictment possession of a stolen firearm.

Johnson admitted being a “felon in possession of a firearm.” The charge carries a maximum sentence of 10 years in prison and a $250,000 fine.

The gun at issue is the Canik Model TP9SA 9mm semiautomatic Luger pistol – described as a Polymer pistol.

The incident happened in Marquette County between July 27 and Aug. 1, 2015 – and that’s the rub – this case is about a selfie.

Johnson has been in trouble with the law on previous occasions:

2016 Mqt Fed Crt Sentencings Judge last day 6-22-16 by Greg Peterson (74)

On Line Mug shots

Judge Dennis H. Girard gave a 90-day jail sentence on June 29, 2015 to 30-year-old Montdesze Antonio Johnson of 2019 Longyear Ave in Marquette, MI on a state misdemeanor charge of larceny between $200-1,000 – and was given credit for 14 days serve and ordered to pay nearly $1,222 in costs/fines – that according to a news brief in the Mining Journal on Sept. 29, 2015 that listed June 2015 sentencings in district court.

Montdesze Antonio Johnson was booked into the Macomb County, MI jail near Detroit on April 18, 2006, according to MobileMugs.com – that analyzed Public Records from the Michigan Department of Corrections.

The felony information associated with this charge alleged that, on October 22, 2005, in Macomb County, MI:

Sent Memorandum  Montdesze Antonio Johnson Mccomb conviction 1

Johnson entered a guilty plea on March 1, 2006, and sentenced to 4 to 20 years in prison on April 18, 2006.

On Valentines Day 2006 then 20-year-old Montdesze Antonio Johnson was arrested in Lansing, MI on numerous felonies including conspiracy to commit car jacking, car jacking, Third-degree fleeing from a police officer, and attempted car theft “receiving and concealing stolen property,” according to the website MugShotsOnline.com

——-

The Canik Model TP9SA 9mm semiautomatic pistol:
Gun collage

Guilty plea:

Count 1: Felon in possession of a firearm  – involving the Canik Model TP9SA 9mm semiautomatic pistol:

July 27 – Aug. 28, 2015

Marquette County

Dismissed:

Count 2: Possession of a stolen firearm

Aug. 6 – Aug. 28, 2015

Marquette County

——-

Related links and info about cases in the U.S. District Court Western District of Michigan

——-

Prior crimes of Montdesze Antonio Johnson like carjacking and larceny:

1: Marquette District Court Judge Dennis H. Girard gave a 90-day jail sentence on June 29, 2015 to 30-year-old Montdesze Antonio Johnson of 2019 Longyear Ave in Marquette, MI on a state misdemeanor charge of larceny between $200-1,000 – and was given credit for 14 days serve and ordered to pay nearly $1,222 in costs/fines – that according to a brief in the Mining Journal on Sept. 29, 2015 that listed June 2015 sentencings in district court.

2. Montdesze Antonio Johnson was booked into the Macomb County, MI jail near Detroit on April 18, 2006, according to MobileMugs – that analyzed Public Records from the Michigan Department of Corrections.

3. The felony information associated with this charge alleged that, on October 22, 2005, in Macomb County, MI, Defendant:

Sent Memorandum  Montdesze Antonio Johnson Mccomb conviction 1

Johnson entered a guilty plea on March 1, 2006, and sentenced to 4 to 20 years in prison on April 18, 2006.

3. On Valentines Day 2006 a then 20-year-old Montdesze Antonio Johnson was arrested in Lansing, MI on numerous felonies including conspiracy to commit car jacking, car jacking, Third-degree fleeing from a police officer, and attempted car theft “receiving and concealing stolen property,” according to the website MugShotsOnline.com

https://www.usinquirer.com/records/15040000

http://mugshots.mobi/michigan/macomb-county/15040000

http://www.mugshotsonline.com/michigan/lansing/montdesze-antonio-johnson/153615831

http://www.miningjournal.net/page/content.detail/id/626868/Courts.html?nav=5204

http://www.leagle.com/decision/In%20FDCO%2020160412A92/U.S.%20v.%20JOHNSON

http://www.leagle.com/decision/In%20FDCO%2020160412A91/U.S.%20v.%20JOHNSON

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Selfie from the modern knowledge source – All of the interesting info below on all angles of “selfies” is from Wikipedia:

https://en.wikipedia.org/wiki/Selfie

  • Robert Cornelius, an American pioneer in photography, produced a daguerreotype of himself in 1839 which is also one of the first photographs of a person.
  • Russian Grand Duchess Anastasia Nikolaevna at the age of 13 was one of the first teenagers to take her own picture using a mirror to send to a friend in 1914. In the letter that accompanied the photograph, she wrote, “I took this picture of myself looking at the mirror. It was very hard as my hands were trembling.”
  • Illustration of a modern selfie performed in 1997 The Fifth Element movie: The first known depiction of the modern selfie is found in the 1997 Luc Besson futuristic movie The Fifth Element when a crew member of the talk-show host Ruby Rhod (Chris Tucker) takes a photograph of himself alongside the main character Korben Dallas (Bruce Willis).
  • In 2015 it was reported that more people had been killed taking selfies that year than by shark attacks. A 2015 study showed that 20% of young Britons had taken selfies while driving a car.
  • The Italian chief of state police expressed concern over the same phenomenon in Italy on the occasion of the launch of a short film with the title “Selfie.”
  • In 2016 the behavior of an Argentinian crowd seeking a selfie with a La Plata dolphin was held responsible for its death.
  • The first use of the word selfie in any paper or electronic medium appeared in an Australian internet forum September 13, 2002. In Karl Kruszelnicki‘s ‘Dr Karl Self-Serve Science Forum‘, a post by Nathan Hope stated:

Um, drunk at a mates 21st, I tripped ofer (sic) and landed lip first (with front teeth coming a very close second) on a set of steps. I had a hole about 1cm long right through my bottom lip. And sorry about the focus, it was a selfie.

——-

Da meaning of “Selfie by those who think a lot:

Oxford says it is a noun – the plural (of course) is “selfies.” Notice the Oxford warning or opinion in description

Informal meaning: A photograph that one has taken of oneself, typically one taken with a smartphone or webcam and shared via social media: occasional selfies are acceptable, but posting a new picture of yourself every day isn’t necessary

http://www.oxforddictionaries.com/definition/english/selfie

What a story folks: “The Murky Meaning of the Killer Selfie” by Avi Steinberg Dec. 11, 2015
http://www.nytimes.com/2015/12/11/magazine/the-murky-meaning-of-the-killer-selfie.html?_r=0

Even Babynology.com is asking its readers to give the meaning to the word (used as a name) “Selfie” for a newborn

http://www.babynology.com/meaning-selfie-f6.html

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Canik Model TP9SA 9mm semiautomatic pistol 1A Polymer Pistol: Canik Model TP9SA 9mm semiautomatic Luger pistol

One expert called the pistol: Striker-fired, polymer-framed full size 9mm pistol that’s essentially a Turkish-made knock-off of the Walther P99

Another expert said: Organized in form-fitting foam, you’ll find the TP9SA inside a SERPA-style retention holster with two different belt attachments. The pistol has a GLOCK-like magazine loading tool, and two magazines.

https://www.youtube.com/watch?v=kTaXe2uwKww

http://www.academy.com/shop/pdp/century-tp9sa-9mm-luger-semiautomatic-pistol

http://www.guns.com/review/the-tp9sa-is-built-of-steel-polymer-and-black-magic-video/

http://www.handgunsmag.com/reviews/polymer-pistol-showdown-glock-17-vs-canik-tp9sa

http://www.luckygunner.com/lounge/canik-tp9-sa-budget-9mm-torture-test/

http://www.thetruthaboutguns.com/2015/06/jeremy-s/gun-review-canik-tp9sa

 

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U.S. Magistrate Judge Timothy P. GreeleyU.S. Magistrate Judge Timothy P. Greeley

www.nmu.edu/criminaljustice/node/75

http://abc10up.com/greeley-reappointed-u-s-magistrate-judge

www.nmu.edu/criminaljustice/node/135

www.miwd.uscourts.gov/content/magistrate-judge-timothy-p-greeley

http://www.historyforsale.com/html/prodetails.asp?documentid=175357&start=1&page=92


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Beth LaCosse, Federal, U.S. Public Defender Marquette, MI (4)
Assistant U.S. Public Defender Elizabeth A. LaCosse
Elizabeth A. LaCosse
Federal Public Defender – Marquette
925 W Washington, Ste. 104
Marquette, MI 49855

(906) 226-3050
(906) 273-0070 (fax)
beth_lacosse@fd.org

——-


Federal Prosecutors:

U.S. Attorney for the Western District Michigan logo

U.S. Attorney Patrick Miles West MI

Patrick Miles, United States Attorney for the Western District of Michigan

Patrick Miles, Jr. was nominated by President Barack Obama on March 29, 2012 to serve as U.S. Attorney for the Western District of Michigan. He was confirmed by the United States Senate on June 29, 2012 and assumed office on July 9, 2012.>

https://www.justice.gov/usao-wdmi/meet-us-attorney

https://www.justice.gov/usao-wdmi

https://www.justice.gov/usao-wdmi/victim-and-witness-assistance-program

https://www.justice.gov/usao-wdmi/current-us-attorneys-office-openings

https://www.justice.gov/usao-wdmi/criminal-division

www.miwd.uscourts.gov

www.judicialwatch.org/document-archive/allan-r-edgar-financial-disclosure-report-for-2003

 

June 24, 2016:

Former Upper Peninsula Teacher Sentenced For Sexual Exploitation Of Children

https://www.justice.gov/usao-wdmi/pr

https://www.justice.gov/usao-wdmi/violent-crime-reduction-task-force-initiative

Making sure that victims of federal crimes are treated with compassion, fairness and respect

https://www.justice.gov/usao-wdmi/victim-and-witness-assistance-program

The Attorney General’s Smart On Crime Initiative: Western District of Michigan Smart on Crime Action Plan 2014-2016

https://www.justice.gov/sites/default/files/usao-wdmi/pages/attachments/2015/04/10/wdmi_smartoncrime_actionplan.pdf

Project Safe Childhood

https://www.justice.gov/usao-wdmi/project-safe-childhood

Violent Crime Reduction Task Force Initiative

https://www.justice.gov/usao-wdmi/violent-crime-reduction-task-force-initiative

Giving Back to the Community through a variety of venues and initiatives

https://www.justice.gov/usao-wdmi/community-outreach

U.S. District Court for the Western District Michigan in Marquette. Photo creative commons by Greg Peterson

United States Attorney for the Western District of Michigan

Marquette Federal Prosecutors

U.S. Attorney’s Office

Citizens Bank Building, 2nd Fl.

1930 US 41 W

Marquette, MI 49855

Asst. U.S. Attorney Lochner (7)croppedAssistant U.S. Attorney Paul Lochner

(906) 226-2500

Email: paul.lochner@usdoj.gov

 

Asst. U.S. Attorney Maarten Vermaat

(906) 226-2500

Maarten.Vermaat@usdoj.gov

www.justice.gov/usao/miw/news/2012/2012_0525_VProtasoff.html

www.foxnews.com/entertainment/2010/07/12/attorney-actor-john-stamos-fling-year-old-student/

Asst. U.S. Attorney Hannah Bobee, Lochner (9)Asst. U.S. Attorney Hannah Bobee

(906) 226-2500

Hannah.Bobee@usdoj.gov

She is native American and and an enrolled member of the Sault Ste. Marie Tribe of Chippewa Indians

www.rosettelaw.com/attorney-bio-bobee.html

www.justice.gov/dea/divisions/det/2013/det061913.shtml

www.leadershipdirectories.com/profiles/Hannah-Bobee-Assistant-US-Attorney-Marquette-%28MI%29-Office-.htm

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Judge R. Allan Edgar

Federal Judge R. Allan Edgar

U.S. District Court Judge R. Allan Edgar

U.S. District Court Western District of Michigan

P.O. Box 698
Marquette, MI 49855

Office Phone: (906) 226-2084
Case Manager: (906) 226-2084

www.miwd.uscourts.gov/content/judge-r-allan-edgar

The Honorable R. Allan Edgar by David Laprad, Hamilton County Herald

Judge R. Allan Edgar

A Marquette native, Edgar spent most of his career in Tennessee, first an attorney and then elected to the Tennessee House of Representatives. President Ronald Reagan appointed Edgar as a U.S. District judge in 1985.

His parents me at the Civilian Conservation Corps camp in Big Bay, MI.

Until age 13, Edgar lived as a child on West Magnetic Street in Marquette, MI.

The family moved in 1953 when his his father got job in Tennessee.

The future Judge Edgar still spent summers in the U.P. with his grandparents and worked a summer job out at the exclusive Huron Mountain Club in Big Bay, MI.

Photo of Judge R. Allan Edgar by David Laprad, Hamilton County Herald

www.hamiltoncountyherald.com/Story.aspx?id=1210&date=4%2F16%2F2010

www.miningjournal.net/page/content.detail/id/564345/Home-again–Judge-has-U-P–roots.html?nav=5006

https://en.wikipedia.org/wiki/Robert_Allan_Edgar

——-

Court Reporter Sandy Larson

Case Manager C.A. Moore

U.S. Magistrate Judge Timothy P. Greeley

U.S. Probation Officer Matthew Luce

——-

Upper Peninsula Breaking News

Greg Peterson

News Director, Owner

Upper Peninsula Breaking News

UpperPeninsulaBreakingNews@gmail.com

906-204-2249 (hm)

906-204-0848 (cell)

www.UPBreakingNews.com

https://twitter.com/UPBreakingNews

https://www.facebook.com/UpperPeninsulaBreakingNews

https://www.youtube.com/UPBreakingNews

 

Federal Judge Poised to Approve 3 Fox River Superfund Site Consent Decrees: Judge orders $54 million in PCBs damage monies set aside by The State of Wisconsin, the City of Appleton, Kimberly Clark, CBC Coating, Inc., Menasha Corporation, Neenah-Menasha Sewerage Commission, U.S. Paper Mills Corporation, WTM I Company; special consent decree for Newpage Wisconsin Inc.: Governments and paper-related companies to admit their PCBs seriously hurt two American Indian nations in Wisconsin; pay cleanup costs, Upper Peninsula Breaking News has learned

Fox River Superfund Site:

Federal Judge William C. Griesbach poised to approved consent decrees

Governments and paper companies to admit their PCBs seriously hurt two American Indian nations in Wisconsin; pay cleanup costs of Fox River Superfund Site

$54 million in PCBs damage monies set aside by the State of Wisconsin, The City of Appleton, Neenah-Menasha Sewerage Commission, U.S. Paper Mills Corporation (purchased by Sonoco), WTM I Company (bankrupt), CBC Coating, Inc., Menasha Corporation, plus special consent decrees for Kimberly-Clark and for Newpage Wisconsin Inc

Update on site historical shipwrecks

by Greg Peterson, Upper Peninsula Breaking News

www.UpperPeninsulaBreakingNews.com

(Milwaukee, Wisconsin) – A federal judge is poised to approve three consent decrees after ordering governments and paper companies to set aside $54 million in cleanup funds for the Fox River Superfund Site near Green Bay – and force those involved to admit that their paper-making companies made PCBs that damaged two Wisconsin Native American tribes, Upper Peninsula Breaking News has learned.

The three proposed federal consent decrees are expected to approved by U.S. District Court Judge William C. Griesbach in Milwaukee, who has ordered over $54 million dollars put on deposit for the continued cleanup of the Fox River.

The consent decrees involve the State of Wisconsin, The City of Appleton, Neenah-Menasha Sewerage Commission, U.S. Paper Mills Corporation (purchased by Sonoco), WTM I Company (bankrupt), CBC Coating, Inc., Menasha Corporation, plus special consent decrees for Kimberly-Clark and for Newpage Wisconsin Inc.

On March 26, 2014, the EPA entered into the “three Proposed Consent Decrees” – agreements between the EPA, governments and paper companies that polluted the Fox River:

The federal consent decree forces the companies and governments involved to admit that two Native American tribes “have been injured by the PCB contamination,” according to the proposed decrees obtained by Upper Peninsula Breaking News.

The tribal lands contaminated by PCBs are owned by the Oneida Tribe of Indians of Wisconsin (OTIW) and the Menominee Indian Tribe of Wisconsin (MITW).

Those who are part of the proposed decree are admitting that tribal lands were seriously damaged by the PCBs.

OTIW, MITW are the “tribal trustees for natural resources at and near that (Fox River Superfund) Site that have been injured by the PCB contamination,” the proposed decree states.

An “intergovernmental Memoranda of Agreement” has been reached by “parties” involved including the United States, the state of Wisconsin and the two tribes, according to the proposed decree.

“The United States, the State, and the Tribes are co-signatories to the proposed Consent Decrees,” the proposed decree states.

Judge Griesbach has ordered those involved in the consent decrees to put over $54 million dollars on deposit for when the decree is finalized:

  • $1,350,000 by Kimberly Clark
  • $5,200,000 by the City of Appleton
  • $3,000,000 by CBC Coating, Inc.
  • $13,700,000 by Menasha Corporation
  • $5,200,000 by the Neenah-Menasha Sewerage Commission
  • $14,700,000 by U.S. Paper Mills Corporation
  • $12,200,000 by WTM I Company
  • $100,000 by the State of Wisconsin
U.S. Justice Department photo of pollution on the Fox River

U.S. Justice Department photo of pollution on the Fox River

Meanwhile – the EPA in July 2014 filed its “Five-Year Review Report” on the status of the cleanup of the the Fox River Superfund Site.

The first proposed Federal Consent Decree is with the City of Appleton, CBC Coating Inc., Menasha Corporation, the Neenah-Menasha Sewerage Commission, U.S. Paper Mills Corporation, and WTM I Company.

Those six Settling Defendants would pay a total of $54 million toward the response costs and natural resource damages associated with the Fox River Superfund Site.

Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the companies realize they will be held responsible for cleanup.

The State of Wisconsin would pay an additional $100,000 to resolve its own potential CERCLA liability, as alleged in certain counterclaims asserted by some of the defendants in this case.

The second proposed Consent Decree is with Settling Defendant Kimberly-Clark Corporation.

Kimberly-Clark would pay the United States and the State a total of $1,350,000 under this de minimis settlement pursuant to CERCLA.

The third proposed Consent Decree is with Settling Defendant NewPage Wisconsin System Inc.

NewPage filed a petition for relief under Chapter 11 of the Bankruptcy Code in 2011.

As referenced in the proposed Consent Decree with NewPage, certain governmental claims against NewPage for the Fox River Site are potentially eligible for payment from a specially-established Fox River Reserve that is being administered by Liquidation Trust formed and governed in accordance with NewPage’s court-approved Reorganization Plan in its bankruptcy case.

The proposed Consent Decree with NewPage would grant the United States and the State allowed general unsecured claims for a total of $1,157,254 that would be paid as allowed claims by the Litigation Trust.

“Because such claims are paid on a deeply-discounted basis under NewPage’s Reorganization Plan, the actual distributions that the United States and the State will receive on those allowed claims may be as little as $50,000, the agreement states.

On May 1, 2013, Judge Griesbach ordered the seven companies that EPA says are responsible for the Fox River Superfund Site PCB contamination to continue and complete the cleanup work.

If Judge Griesbach approves the federal consent decrees “this would resolve claims against six companies and two municipal sewer system operators for cleanup costs and natural resource damages in the Lower Fox River,” according to a 2014 update from the EPA.

In April 2014, the remaining portions of Five historic shipwrecks, including two from the 1880s, were removed from the Fox River Superfund Site.

Discovered in 2008 by archaeologists hired to document artifacts, the shipwrecks were found in the Fox River between Appleton and Green Bay, the EPA says.

the final remains of the five ships were “pulled out of the Lower Fox River just north of the southern ‘railroad bridge’ in Green Bay,” the EPA 2014 update states.

The work on the shipwrecks “was done under a legal agreement signed by EPA, Wisconsin Department of Natural Resources, the state historic preservation officer, Green Bay’s Neville Museum, and NCR Corp.’s contractor” the update states

The two ships from the 1880s were identified as the Bob Teed and the Satisfaction, thanks toWisconsin historians, nautical organizations and maritime museums,” the EPA update states.Little information is available on the three other wooden barges near the shoreline by the State Street sediment processing facility.”

Over the past six years, the archaeologists investigated the wrecks and made “recommendations on how to handle the ships (and artifacts), so the cleanup could proceed on schedule,” the EPA says. “Because these sunken vessels are considered to be cultural resources, they must be ‘replaced’ if they are removed.

The paper companies involved in the consent decrees “have agreed to build a display for The Neville Public Museum of Brown County to ‘replace’ these resources,” the EPA 2014 update states. “The display is expected to be ready next year.”

Related links:

March 2014 proposed federal consent decrees in the Fox River Superfund Site

Authorizing defendant deposits in consent decree Fox River Superfund Site (1)

Authorizing defendant deposits in consent decree Fox River Superfund Site (2)

Authorizing defendant deposits in consent decree Fox River Superfund Site (3)

3-26-14 March 2014 proposed federal consent decrees in the Fox River Superfund Site

3-26-14 Authorizing defendant deposits in consent decree Fox River Superfund Site (3)

3-26-14 Authorizing defendant deposits in consent decree Fox River Superfund Site (1)

Consent Decree With Cashout Settling Defendants and the State of Wisconsin

Consent Decree With Kimberly Clark

Consent Decree With Newpage Wisconsin Inc.

Oneida Tribe of Indians of Wisconsin (OTIW)

https://oneida-nsn.gov

Menominee Indian Tribe of Wisconsin (MITW)

www.menominee-nsn.gov

State of Wisconsin

www.wisconsin.gov

The City of Appleton

www.appleton.org

Kimberly-Clark

www.kimberly-clark.com

CBC Coating, Inc.

www.cbccoating.com

Menasha Corporation

www.menasha.com

Neenah-Menasha Sewerage Commission

www.nmscwwtp.com

U.S. Paper Mills Corporation (purchased by Sonoco)

www.foxriverwatch.com/sonoco.html#uspaper

www.sonoco.com

WTM I Company (bankrupt)

http://investing.businessweek.com/research/stocks/private/snapshot.asp?privcapId=8511498

Newpage Wisconsin Inc.

www.newpagecorp.com

www.newpagecorp.com/wps/portal/corporate/aboutus?WCM_GLOBAL_CONTEXT=/wps/wcm/connect/external/NewPage/About+Us/Paper+Mill+Information

Read or download Lawsuit Filed Between Paper Giants 12-3-10

Read or download the Georgia-Pacific vs NCR financial ruling 9-26-13

Carbonless Copy Paper (CCP)

https://en.wikipedia.org/wiki/Carbonless_copy_paper

http://www.cdc.gov/niosh/docs/2001-107/

http://www.google.com/patents/US2730457

http://news.ufl.edu/archive/1997/05/scientists-test-carbonless-copy-paper-for-sickening-side-effects.html

http://www.sec.gov/Archives/edgar/data/1144326/000114432613000031/R18.htm

U.S Environmental Response, Compensation, and Liability Act (CERCLA)

www.epa.gov/superfund/policy/cercla.htm

http://en.wikipedia.org/wiki/Superfund

http://www.epa.gov/agriculture/lcla.html

U.S. Damage Assessment, Remediation & Restoration Program (DARRP)

www.darrp.noaa.gov/greatlakes/kalamazoo

www.westonsolutions.com/projects/project_kalamazooriver.htm

www.terracontracting.net/Multimedia/Video/TabId/74/VideoId/6/Kalamazoo-River-Superfund-Site.aspx

Fox River Superfund Site

Authorizing federal defendant deposits in consent decree Fox River Superfund Site

Authorizing federal defendant deposits in consent decree Fox River Superfund Site

EPA Five-Year Review Reports

July 2014 Five Year Review Report (PDF) (68 pp, 4.9MB)

Notice of Lodging of Three Proposed Consent Decrees (PDF) (7pp, 41K), March 26, 2014

Consent Decree With Cashout Settling Defendants and the State of Wisconsin (PDF) (59 pp, 980K), March 26, 2014

Consent Decree With Kimberly Clark (PDF) (32 pp, 541K), March 26, 2014

Consent Decree With Newpage Wisconsin Inc. (PDF) (30 pp, 617K), March 26, 2014

www.epa.gov/Region5/cleanup/foxriver

www.epa.gov/region5/cleanup/foxriver/pdf/foxriver_cd_201010.pdf

www.epa.gov/Region5/cleanup/foxriver/#updates

www.justice.gov/enrd/3643.htm

http://www.cerc.usgs.gov/orda_docs/Assets/UploadedFiles/CaseDocuments/Assessment_Documents/WI_Fox-River_AR-PCBs-Pathways_1999.pdf

United States Department of Justice aka United States Justice Department

http://www.justice.gov/enrd/3643.htm

Fox River groups, info:

https://en.wikipedia.org/wiki/Fox_River_%28Wisconsin%29

http://www.foxriverwatch.com

http://www.foxriverwatch.com/NCR_corporation.html

http://www.foxriverwatch.com/pcb_pcbs_sources_1.html

http://www.foxriverwatch.com/superfund_sediment_remediation.html

http://dnr.wi.gov/topic/greatlakes/greenbay.html

http://www.sevenson.com/index.php/project-summaries/fox-river-superfund-site/

Appvion, Inc. (formerly Appleton Papers Inc.)

http://www.appvion.com/en-us

http://www.appvion.com

https://www.linkedin.com/company/appleton

Appleton Coated

http://www.appletoncoated.com/index.php?GroupID=11

http://www.appletoncoated.com

http://www.appletoncoated.com/greenzone/index.php

Appleton Papers, Inc.

United States of America and the State of Wisconsin, Plaintiffs–Appellees, v. NCR Corporation, Defendant–Appellant No. 12–2069 August 3, 2012

http://caselaw.findlaw.com/us-7th-circuit/1608058.html

http://fox11online.com/2014/05/15/objections-filed-to-proposed-fox-river-cleanup-settlement

Lawsuit Filed Between Paper Giants 12-3-10

Georgia-Pacific vs NCR financial ruling 9-26-13

An August 2014 EPA update on the Fox River Superfund Site:

EPA has completed a status review of the site’s cleanup. This type of review is required at least every five years where the cleanup is complete–or ongoing–but hazardous waste remains managed on-site. These reviews are done to ensure that the cleanup continues to protect people and the environment.

EPA Five-Year Review Report (PDF) (68 pp, 4.9MB) July 2014

The review included:

  • An evaluation of background information
  • Cleanup requirements
  • Effectiveness of the cleanup and any anticipated future actions
  • An analysis of ways for EPA to operate more efficiently.

This was the second five-year review for the Lower Fox River site.

It details the site progress. The previous review was done in 2009.

The sixth year of dredging in the Lower Fox River from DePere to Green Bay is in progress. About 670,000 cubic yards of PCB-contaminated sediment is expected to be removed this year using at least three hydraulic dredges.

Similar to last year, dredging will take place 24 hours per day, at least five days a week through early November (except for holidays).

Another process referred to as sand capping and covering, which started in 2011, will also continue. This year, 60 acres of sediment will be capped and covered.

All dredged sediment is pumped into the State Street dewatering facility through a pipeline.

Then, the water is squeezed out by special equipment called a plate and frame press.

The remaining dried sediment is loaded onto trucks to be properly disposed of. Some sediment with higher levels of PCBs is trucked to Ridgeview Recycling and Disposal Facility in Whitelaw, near Manitowoc.

Owned by Waste Management of Wisconsin, this landfill received a permit in 2012 from the Wisconsin Department of Natural Resources to accept this type of material.

Since most of the sediment has PCB levels less than 50 parts per million, it is taken to Veolia Hickory Meadows Landfill in Chilton.

The entire cleanup is scheduled to be completed by 2017.

From paper industry giants and insurance companies blaming each other for polluting famous rivers in two states – to the battle over what companies must pay billions of dollars in cleanup expenses – and even the discovery of five historic shipwrecks – the latest on the federal lawsuits and cleanup of the Kalamazoo River Superfund Site in Michigan and a judge takes steps to approve federal consent decrees in Fox River Superfund Site near Green Bay, Wisconsin

From paper industry giants and insurance companies blaming each other for polluting famous rivers in two states – to the battle over what companies must pay billions of dollars in cleanup expenses – and even the discovery of five historic shipwrecks

A trial date just set in federal lawsuits and cleanup of the Kalamazoo River Superfund Site in Michigan

A federal judge takes steps to approve federal consent decrees in Fox River Superfund Site near Green Bay, Wisconsin by ordering $54 million set aside by those companies and governments responsible for the clean up

By Greg Peterson/Upper Peninsula Breaking News

UpperPeninsulaBreakingNews@gmail.com

(Kalamazoo, Michigan – Green Bay, Wisconsin) – Major developments today on a pair of Superfund clean up sites in two states involving major rivers that feed Lake Michigan.

A federal judge in Grand Rapids has just pushed back a trial date in a lawsuit involving paper industry giants battling over the costs of cleaning up the Kalamazoo River Superfund Site -. Meanwhile, a federal judge in Milwaukee appears close to approving a consent decree between paper industry corporations and governments to set costs for those involved in the Fox River Superfund Site.

On August 13, 2014, United States District Judge Robert J. Jonker in Grand Rapids set a September 22, 2015 trial date for phase II of the four-year lawsuit against NRC Corporation and International Paper Company by Plaintiffs Georgia-Pacific Consumer Products LP, Fort James Corporation, and Georgia-Pacific, LLC.

Judge Jonker ordered settlement conferences on April 15, 2015 and August 13, 2015 in Grand Rapids before Magistrate Judge Hugh W. Brenneman, Jr.

On September 26, 2013, federal Judge Jonker ordered that Defendants NCR Corporation and International Paper Company are liable parties that must pay for cleanup costs – however  many other litigation issues remain involving the costs.

Paper Industry Giants continue fighting each other in United States federal courts – for millions of dollars in connection with the cleanup of the Kalamazoo River Superfund Site – and about a billion dollars for cleaning up the Fox River Superfund Site.

There are several proposed federal consent decrees (March 2014) in the Fox River Superfund Site – that are expected to approved by a federal judge.

Fox River Superfund Site: $54 million in PCBs damage monies set aside as federal judge poised to approved consent decree: Governments and paper-related companies to admit their PCBs seriously hurt two American Indian nations in Wisconsin; pay cleanup costs

An “intergovernmental Memoranda of Agreement” has been reached by “parties” involved including the United States, the state of Wisconsin and the two tribes.

The federal consent decree forces the companies and governments involved to admit that two Native American tribes “have been injured by the PCB contamination,”according to the proposed decree obtained by Upper Peninsula Breaking News.

The tribal lands contaminated by PCBs are owned by the Oneida Tribe of Indians of Wisconsin (OTIW) and the Menominee Indian Tribe of Wisconsin (MITW).

Those who are part of the proposed decree are admitting that tribal lands were seriously damaged by the PCBs.

OTIW, MITW are the “tribal trustees for natural resources at and near that (Fox River Superfund) Site that have been injured by the PCB contamination,” the proposed decree states.

An “intergovernmental Memoranda of Agreement” has been reached by “parties” involved including the United States, the state of Wisconsin and the two tribes, according to the proposed decree.

“The United States, the State, and the Tribes are co-signatories to the proposed Consent Decrees,” the proposed decree states.

Federal Judge William C. Griesbach has ordered those involved in the consent decrees to put over $54 million dollars on deposit for when the decree is finalized:

  • $1,350,000 by Kimberly Clark
  • $5,200,000 by the City of Appleton
  • $3,000,000 by CBC Coating, Inc.
  • $13,700,000 by Menasha Corporation
  • $5,200,000 by the Neenah-Menasha Sewerage Commission
  • $14,700,000 by U.S. Paper Mills Corporation
  • $12,200,000 by WTM I Company
  • $100,000 by the State of Wisconsin

Meanwhile – the EPA in July 2014 filed its “Five-Year Review Report” on the status of the cleanup of the the Fox River Superfund Site.

The first proposed Federal Consent Decree is with the City of Appleton, CBC Coating Inc., Menasha Corporation, the Neenah-Menasha Sewerage Commission, U.S. Paper Mills Corporation, and WTM I Company.

Those six Settling Defendants would pay a total of $54 million toward the response costs and natural resource damages associated with the Fox River Superfund Site.

Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the companies realize they will be held responsible for cleanup.

The State of Wisconsin would pay an additional $100,000 to resolve its own potential CERCLA liability, as alleged in certain counterclaims asserted by some of the defendants in this case.

The second proposed Consent Decree is with Settling Defendant Kimberly-Clark Corporation.

Kimberly-Clark would pay the United States and the State a total of $1,350,000 under this de minimis settlement pursuant to CERCLA.

The third proposed Consent Decree is with Settling Defendant NewPage Wisconsin System Inc.

NewPage filed a petition for relief under Chapter 11 of the Bankruptcy Code in 2011.

As referenced in the proposed Consent Decree with NewPage, certain governmental claims against NewPage for the Fox River Site are potentially eligible for payment from a specially-established Fox River Reserve that is being administered by Liquidation Trust formed and governed in accordance with NewPage’s court-approved Reorganization Plan in its bankruptcy case.

The proposed Consent Decree with NewPage would grant the United States and the State allowed general unsecured claims for a total of $1,157,254 that would be paid as allowed claims by the Litigation Trust.

Because such claims are paid on a deeply-discounted basis under NewPage’s Reorganization Plan, the actual distributions that the

United States and the State will receive on those allowed claims may be as little as $50,000.

Kalamazoo River Superfund Site Lawsuit #10Plaintiffs Georgia-Pacific Consumer Products LP, Fort James Corporation, and Georgia-Pacific LLC – brought the multimillion dollar civil action against the other paper industry giants under the famous Superfund – that is used to clean up industrial sites after international corporations leave behind an environmental mess.

Called Superfund – officially its under the federal Comprehensive Environmental Response, Compensation, and Liability Act.

The suit states “the case is about allocating responsibility for contamination of the Allied Paper Inc./Portage Creek/Kalamazoo River Superfund Site – aka Kalamazoo River Superfund Site” or “the Site” in southwestern Michigan.”

Kalamazoo River Superfund EPA Photo of River
Photo of Portage Creek – Kalamazoo River in Michigan by USEPA

Right now, Georgia-Pacific wants others to split the costs – $79 million or more.

A request basically approved by a judge – but more issues remain.

The paper companies identify the culprit as Aroclor 1242 – the cancer causing PCB left over from making Carbonless Copy Paper (CCP) using a process called “broke and trim.”

Contamination from the PCB-laden “broke and trim” has made large segments of the Kalamazoo River an “NCR river,” with NCR CCP being the source of the PCB-contaminated sediments that require remediation at the Kalamazoo River Superfund Sit, the suit states.

The plaintiffs (Georgia-Pacific) argue that the Kalamazoo River would not have been listed as a Federal Superfund site if “not for NCR’s use of PCBs in its CCP; and for the contamination of the Kalamazoo River by PCB Aroclor 1242 attributable to NCR broke and trim.

The lawsuit was filed on December 3, 2010 in two districts due to the wide range of issues and another Superfund site – the Fox River Superfund Site in Green Bay, Wisconsin.

Due to various legal connections with the Fox River Superfund Site, the cases were filed in the United States District Court For The Western District of Michigan, Southern Division and the United States District Court For The Eastern District Of Wisconsin Green Bay Division.

The following fascinating 2014 update on the Fox River Superfund Site from the EPA includes historic shipwrecks and progress paper companies are making in the cleanup:

“In a May 1, 2013, federal court ruling, U.S. District Judge William Griesbach required seven companies that EPA considers responsible for the PCB contamination to continue and complete the required cleanup work.
Three legal agreements for settlements totaling about $55 million were lodged in federal court on March 26, 2014.
If a judge approves these agreements, or consent decrees, this would resolve claims against six companies and two municipal sewer system operators for cleanup costs and natural resource damages in the Lower Fox River.
In April, the remaining portions of five historical ships were pulled out of the Lower Fox River just north of the southern “railroad bridge” in Green Bay.
This work was done under a legal agreement signed by EPA, Wisconsin Department of Natural Resources, the state historic preservation officer, Green Bay’s Neville Museum, and NCR Corp.’s contractor.
The ships, two of which date back to the 1880s, were discovered in 2008 by archaeologists hired to document artifacts found in the river from Appleton to Green Bay.
With the help of Wisconsin historians, nautical organizations and maritime museums, two were identified as the Bob Teed and the Satisfaction.
Little information is available on the three other wooden barges near the shoreline by the State Street sediment processing facility.
Six years ago, the archaeologists were charged with making recommendations on how to handle the ships, also referred to as artifacts, so the cleanup could proceed on schedule.
Because these sunken vessels are considered to be cultural resources, they must be ‘replaced’ if they are removed.
The paper companies have agreed to build a display for The Neville Public Museum of Brown County to ‘replace’ these resources.
The display is expected to be ready next year.”

The Kalamazoo Superfund Site is contaminated with PCBs – “Polychlorinated Biphenyls” – caused in the production of Carbonless Copy Paper (CCP).

PCBs are a hazardous substance and often connected to human carcinogen and kills wildlife.

The primary PCB contaminant at the Kalamazoo River Superfund Site is known as Aroclor 1242.

From 1954 through 1971, PCBs were released into the Kalamazoo River and connected Portage Creek (flows directly into the Kalamazoo River) partly through the past discharge, release, and disposal of PCB-contaminated solids and paper residuals by paper de-inking and recycling companies.

Georgia-Pacific/Fort James River Corp. wants the other paper giants (NCR Corporation and International Paper Co.) to pay their fair portion of past and future cleanup costs associated with the Kalamazoo River Superfund Site.

U.S. Justice Department photo of pollution on the Fox River

U.S. Justice Department photo of pollution on the Fox River

The fight between these wealthy paper-related behemoths arises from many of the same activities by the NCR Corporation and International Paper Co. – that are at issue in the case of Appleton Papers, Inc. and NCR Corporation v. George A. Whiting Paper Company (No. 08-CV-00016-WCG).

That suit brought by NCR Corporation (NCR) and others for costs associated with the investigation and remediation of the PCB contamination in the Fox River area.

In fact, last month (July 2014) the EPA released a “Five Year Review Report” on the Fox River Superfund Site cleanup plans.

On March 26, 2014, the EPA entered into “three Proposed Consent Decrees” – agreements between the EPA and several of the paper companies that polluted the Fox River:

The defendants made arrangements with brokers that ultimately resulted in the release of PCBs into the Kalamazoo River, the lawsuits claim.

Georgia-Pacific filed the lawsuit to establish the liability of Defendants and determine their equitable costs of cleaning up the Kalamazoo River Superfund Site, the suit states.

Georgia-Pacific wants to require the defendants to pay their fair portion of past and future cleanup costs associated with the Kalamazoo River Superfund Site.

The suit was also filed due to “claims in this action arise from many of the same activities by the Defendants which are at issue in the case of Appleton Papers, Inc. and NCR Corporation v. George A. Whiting Paper Company for costs associated with the investigation and remediation of the PCB contamination in Fox River” in Green Bay, the suit states

“And because the defendants made arrangements in this District with brokers that ultimately resulted in the release of PCBs into the Kalamazoo River.”

Georgia-Pacific is the corporate successor to Kalamazoo-area facilities that deinked and recycled PCB-containing NCR broke and trim.

Georgia-Pacific has paid in excess of $79 million to investigate and remediate the Kalamazoo River Superfund Site, the company states.

NCR invented the PCB-containing Carbonless Copy Paper (CCP) that has caused the PCB contamination of the Kalamazoo River Superfund Site, Georgia-Pacific alleges.

Plus GP alleges that NCR arranged for the disposal of PCB-laden waste from its own CCP converting operations.

Georgia-Pacific claims NCR arranged for the disposal of PCB-laden broke and trim from its contract coaters.

Contract coaters” are the companies that used NCR’s coating (using NCR’s specifications) using an NCR emulsion.

NCR is also the corporate successor to at least two coaters — the Wisconsin-based Appleton

Coated Paper Company (ACPC), and Combined Paper Mills, Inc. (aka Combined Locks Mill).

Those companies arranged for the disposal of PCB-laden broke and trim resulting from the coating of NCR CCP, the suit states.

Waste paper from all these activities was recycled at facilities near the Kalamazoo River, with resulting releases of PCBs into the Kalamazoo River, according to Georgia-Pacific, putting most of the blame and expense on the other paper giant (NCR).

NCR has paid nothing toward the cleanup, Georgia-Pacific states in lawsuit.

The Michigan Department of Natural Resources (MDNR) conducted studies between 1972 and 1989 that “determined that certain areas in and around the Kalamazoo

River below Morrow Dam were contaminated with PCBs,” the suit states.

The Allied Paper Inc./Portage Creek/Kalamazoo River Superfund Site was declared a Federal Superfund site by the United States Environmental Protection Agency in August 1990.

In fact, the site was placed on the Superfund National Priority List (NPL).

In 1990, the site was listed by the MDNR as an environmental contamination site under the Michigan Environmental Response Act, the suit states.

EPA identified Georgia-Pacific as a “potentially responsible party” (“PRP”) at the Kalamazoo River Superfund Site.

Georgia-Pacific is now the only remaining PRP left at the Site to provide ongoing funding to investigate and remediate the PCB contamination of the Kalamazoo River, due to the bankruptcies of other PRPs at the Kalamazoo River Superfund Site, the suit states.

Only one other company is currently involved in remedial activity at the Kalamazoo.

Weyerhaeuser Company is funding measures to remediate a landfill it owned, and to investigate and remediate a former paper mill it owned, the suit claims.

PCBs were introduced to Portage Creek and the Kalamazoo River largely through past discharges, releases, and disposal of PCB-contaminated solids and paper residuals by paper manufacturing operations on Portage Creek and the Kalamazoo River, the suit charges.

The Kalamazoo River Superfund Site currently includes five disposal areas, four paper mill properties, an approximately 80-mile stretch of the Kalamazoo River from Morrow Dam to Lake Michigan, and a three-mile stretch of Portage Creek, the suit states.

There are several areas that need total cleanup, the suits state:

Operable Unit 1 is the Allied Paper/Bryant Mill Pond Operable Unit

Operable Unit 2 (Willow Boulevard/A-Site Landfill)

A groundwater investigation was undertaken in the summer of 2009 at Operable Unit 2 (Willow Boulevard/A-Site Landfill),the suit states

In September 2009, a consent decree was signed between the EPA and Georgia-Pacific for design and cleanup at the Willow Boulevard/A-Site Landfill was approved by the Federal District Court.

This decree/settlement, among other things, obligates Georgia-Pacific to consolidate waste materials, construct a permanent landfill cap, and install a groundwater monitoring system.

Operable Unit 3 is the King Highway Landfill

The remedy involves the construction of a landfill cap, the seeding of the cap with vegetative growth, and the construction of a gas collection trench (under the control of the State of Michigan).

Operable Unit 4 is the Twelfth Street Landfill

In September 2001, EPA san agreement and the remedy includes excavation of PCB residuals that have migrated from the landfill and placement of those residuals back in the landfill. This work is conducted by Weyerhaeuser with oversight by EPA and MDNR.

Operable Unit 5 concerns the Portage Creek and Kalamazoo River sediments

In February 2007, EPA reached two settlement agreements with Millennium Holdings

LLC (which has since gone bankrupt) and with Georgia-Pacific.

The agreements were the result of two years of mediated negotiations between the possible responsible parties (PRPs) and various government regulators and entities, including the EPA and the State of Michigan.

Georgia-Pacific and Millennium agreed to perform sediment excavation in the Kalamazoo River near Plainwell, Michigan, the suit states.

Georgia-Pacific and Millennium agreed to conduct a Supplemental Remedial Investigation/Feasibility Study (Supplemental RI/FS) on the 80-mile stretch of the Kalamazoo River from Morrow Dam to Lake Michigan and Portage Creek from Cork Street to the confluence with the Kalamazoo River.

Georgia-Pacific’s Expenditures to Clean Up the Kalamazoo River Superfund Site:

Georgia-Pacific has spent at least $79 million dollars (as of Dec. 2010) to investigate and remediate the Kalamazoo River Superfund Site, and to investigate the liability of other potentially responsible parties, such as NCR and International Paper.

You can read the originals:

Read or download Lawsuit Filed Between Paper Giants 12-3-10

Read or download the Georgia-Pacific vs NCR financial ruling 9-26-13

Carbonless Copy Paper (CCP)

https://en.wikipedia.org/wiki/Carbonless_copy_paper

http://www.cdc.gov/niosh/docs/2001-107/

http://www.google.com/patents/US2730457

http://news.ufl.edu/archive/1997/05/scientists-test-carbonless-copy-paper-for-sickening-side-effects.html

http://www.sec.gov/Archives/edgar/data/1144326/000114432613000031/R18.htm

Kalamazoo River Superfund Site

http://www.epa.gov/region05/cleanup/kalproject/index.htm

http://www.michigan.gov/deq/0,4561,7-135-3304-84646–,00.html

https://en.wikipedia.org/wiki/Kalamazoo_Superfund_Site

http://www.fws.gov/midwest/es/ec/nrda/KalamazooRiver

http://www.kalamazoorivercleanup.org

https://www.kzooriver.com/kalamazoo

http://www.epa.gov/region5/cleanup/kalproject/images/OUmap.gif

http://www.epa.gov/region5/cleanup/kalproject/photos.htm

Photo of “Portage Creek – Kalamazoo River, Michigan” by EPA

www.michigan.gov/images/main_82481_7.jpg

“<a href=”http://commons.wikimedia.org/wiki/File:Portage_Creek_-_Kalamazoo_River,_Michigan.jpeg#mediaviewer/File:Portage_Creek_-_Kalamazoo_River,_Michigan.jpeg”>Portage Creek – Kalamazoo River, Michigan</a>” by EPA – <a rel=”nofollow” class=”external free” href=”http://www.michigan.gov/images/main_82481_7.jpg”>http://www.michigan.gov/images/main_82481_7.jpg</a&gt;. Licensed under Public domain via <a href=”//commons.wikimedia.org/wiki/”>Wikimedia Commons</a>

Check out the seeps at base of TP1, Elizabeth Copper Mine Superfund Site Vermont, USA – Important to Upper Peninsula residents because of the pollution feared by sulfide and copper mining across northern Michigan near Lake Superior

[Large version of seep photo]

U.S/ Environmental Response, Compensation, and Liability Act (CERCLA)

www.epa.gov/superfund/policy/cercla.htm

http://en.wikipedia.org/wiki/Superfund

http://www.epa.gov/agriculture/lcla.html

U.S. Damage Assessment, Remediation & Restoration Program (DARRP)

www.darrp.noaa.gov/greatlakes/kalamazoo

www.westonsolutions.com/projects/project_kalamazooriver.htm

www.terracontracting.net/Multimedia/Video/TabId/74/VideoId/6/Kalamazoo-River-Superfund-Site.aspx

Kalamazoo River Watershed Council (KRWC)

http://kalamazooriver.org/?page_id=217

The Environmental Law Reporter

http://elr.info/subject-matter-index-cases/allied-paper-portage-creek-kalamazoo-river-superfund-site-%28mich.%29/3384

http://upton.house.gov/uploadedfiles/05_13_2014_congressional_letter_to_epa_re_kalamazoo_superfund.pdf

http://caselaw.findlaw.com/us-6th-circuit/1022237.html

http://www.thefederalregister.com/d.p/2014-02-18-2014-03332

http://onlinelibrary.wiley.com/doi/10.1897/04-493R.1/abstract

www.msu.edu/user/giesy/Projects/Presentations/KZ-SS-BE-01.pdf

Fox River Superfund Site

Authorizing federal defendant deposits in consent decree Fox River Superfund Site

Authorizing federal defendant deposits in consent decree Fox River Superfund Site

EPA Five-Year Review Reports

July 2014 Five Year Review Report (PDF) (68 pp, 4.9MB)

Notice of Lodging of Three Proposed Consent Decrees (PDF) (7pp, 41K), March 26, 2014

Consent Decree With Cashout Settling Defendants and the State of Wisconsin (PDF) (59 pp, 980K), March 26, 2014

Consent Decree With Kimberly Clark (PDF) (32 pp, 541K), March 26, 2014

Consent Decree With Newpage Wisconsin Inc. (PDF) (30 pp, 617K), March 26, 2014

www.epa.gov/Region5/cleanup/foxriver

www.epa.gov/Region5/cleanup/foxriver/#updates

www.justice.gov/enrd/3643.htm

http://www.cerc.usgs.gov/orda_docs/Assets/UploadedFiles/CaseDocuments/Assessment_Documents/WI_Fox-River_AR-PCBs-Pathways_1999.pdf

United States Department of Justice aka United States Justice Department

http://www.justice.gov/enrd/3643.htm

Fox River groups, info:

https://en.wikipedia.org/wiki/Fox_River_%28Wisconsin%29

http://www.foxriverwatch.com

http://www.foxriverwatch.com/NCR_corporation.html

http://www.foxriverwatch.com/pcb_pcbs_sources_1.html

http://www.foxriverwatch.com/superfund_sediment_remediation.html

http://dnr.wi.gov/topic/greatlakes/greenbay.html

http://www.sevenson.com/index.php/project-summaries/fox-river-superfund-site/

Appvion, Inc. (formerly Appleton Papers Inc.)

http://www.appvion.com/en-us

http://www.appvion.com

https://www.linkedin.com/company/appleton

Appleton Coated

http://www.appletoncoated.com/index.php?GroupID=11

http://www.appletoncoated.com

http://www.appletoncoated.com/greenzone/index.php

Info on lawsuits:

http://www.law360.com/articles/213303/gp-wants-ncr-to-pay-for-mich-superfund-site

http://www.law360.com/companies/ncr-corporation/articles

http://www.mlive.com/news/kalamazoo/index.ssf/2013/09/hold_portage_creek_pcb_cleanup_1.html

http://michiganradio.org/post/federal-regulators-say-pcb-cleanup-kalamazoo-river-gaining-momentum

http://michiganradio.org/post/pcb-cleanup-continues-along-kalamazoo-river

http://michiganradio.org/post/kalamazoo-residents-struggle-epa-over-mount-pcb

http://michiganradio.org/post/epa-says-decision-about-kalamazoo-s-mount-pcb-will-come-summer

http://michiganradio.org/post/kalamazoo-rallies-pressure-epa-remove-hazardous-paper-mill-waste

http://www.sec.gov/Archives/edgar/data/1144326/000114432613000031/R18.htm

American College of Environmental Lawyers (ACOEL)

http://www.acoel.org/file.axd?file=2013%2F10%2FGeorgia%2BPacific%2Bv%2BNCR.pdf

http://www.ncr.com/newsroom/resources/united-states-district-court-for-the-western-district-of-michigan-issues-decision-in-phase-i-of-kalamazoo-river-case

Kalamazoo River Superfund Site:

8-22-14 Extending Time For IPC To Respond To NCR Corporation Motion

8-13-14 Reply Brief In Support of Motion To Establish Scope of Phase II Trial

8-8-14 NCR Corp’s Interrogatories to the Other Parties

8-13-14 Amended Order Revising Case Schedule And Addressing Motions

http://www.law360.com/articles/428041/liberty-mutual-fights-ncr-on-79m-superfund-site-coverage

http://www.epa.gov/region5/cleanup/foxriver/pdf/foxriver_cd_201010.pdf

Appleton Papers, Inc.

United States of America and the State of Wisconsin, Plaintiffs–Appellees, v. NCR Corporation, Defendant–Appellant No. 12–2069 August 3, 2012

http://caselaw.findlaw.com/us-7th-circuit/1608058.html

http://fox11online.com/2014/05/15/objections-filed-to-proposed-fox-river-cleanup-settlement

Lawsuit Filed Between Paper Giants 12-3-10 Georgia-Pacific vs NCR financial ruling 9-26-13

An August 2014 EPA update on the Fox River Superfund Site:

EPA has completed a status review of the site’s cleanup. This type of review is required at least every five years where the cleanup is complete–or ongoing–but hazardous waste remains managed on-site. These reviews are done to ensure that the cleanup continues to protect people and the environment.

EPA Five-Year Review Report (PDF) (68 pp, 4.9MB) July 2014

The review included:

  • An evaluation of background information
  • Cleanup requirements
  • Effectiveness of the cleanup and any anticipated future actions
  • An analysis of ways for EPA to operate more efficiently.

This was the second five-year review for the Lower Fox River site.

It details the site progress. The previous review was done in 2009.

The sixth year of dredging in the Lower Fox River from DePere to Green Bay is in progress. About 670,000 cubic yards of PCB-contaminated sediment is expected to be removed this year using at least three hydraulic dredges.

Similar to last year, dredging will take place 24 hours per day, at least five days a week through early November (except for holidays).

Another process referred to as sand capping and covering, which started in 2011, will also continue. This year, 60 acres of sediment will be capped and covered.

All dredged sediment is pumped into the State Street dewatering facility through a pipeline.

Then, the water is squeezed out by special equipment called a plate and frame press.

The remaining dried sediment is loaded onto trucks to be properly disposed of. Some sediment with higher levels of PCBs is trucked to Ridgeview Recycling and Disposal Facility in Whitelaw, near Manitowoc.

Owned by Waste Management of Wisconsin, this landfill received a permit in 2012 from the Wisconsin Department of Natural Resources to accept this type of material.

Since most of the sediment has PCB levels less than 50 parts per million, it is taken to Veolia Hickory Meadows Landfill in Chilton.

The entire cleanup is scheduled to be completed by 2017.

In a May 1, 2013, federal court ruling, U.S. District Judge William Griesbach required seven companies that EPA considers responsible for the PCB contamination to continue and complete the required cleanup work.

EPA Photos Kalamazoo Kalamazoo River Superfund Site Lawsuit #25 Kalamazoo River Superfund Site Lawsuit #24 Kalamazoo River Superfund Site Lawsuit #28 Kalamazoo River Superfund Site Lawsuit #27 Kalamazoo River Superfund Site Lawsuit #26 Kalamazoo River Superfund Site Lawsuit #25 Kalamazoo River Superfund Site Lawsuit #24 Kalamazoo River Superfund Site Lawsuit #23 Kalamazoo River Superfund Site Lawsuit #22 Kalamazoo River Superfund Site Lawsuit #21 Kalamazoo River Superfund Site Lawsuit #20 Kalamazoo River Superfund Site Lawsuit #19 Kalamazoo River Superfund Site Lawsuit #18 Kalamazoo River Superfund Site Lawsuit #17 Kalamazoo River Superfund Site Lawsuit #16 Kalamazoo River Superfund Site Lawsuit #15 Kalamazoo River Superfund Site Lawsuit #14 Kalamazoo River Superfund Site Lawsuit #13 Kalamazoo River Superfund Site Lawsuit #12 Kalamazoo River Superfund Site Lawsuit #11 Kalamazoo River Superfund Site Lawsuit #10 Kalamazoo River Superfund Site Lawsuit #9 Kalamazoo River Superfund Site Lawsuit #8 Kalamazoo River Superfund Site Lawsuit #7 Kalamazoo River Superfund Site Lawsuit #6 Kalamazoo River Superfund Site Lawsuit #5 Kalamazoo River Superfund Site Lawsuit #4 Kalamazoo River Superfund Site Lawsuit #3 Kalamazoo River Superfund Site Lawsuit #2 Kalamazoo River Superfund Site Lawsuit #1

 

Paper Parody: Corporations Still Think They Are People: $100 Million Cash and Blame Battle Between Paper Making Giants Soon Enters 5th year Slicing Up the Financial Blame for the Kalamazoo River Superfund Site

Corporations Acting More Like Babies Than The “People” – That They Claim To Be:

Twin babies fighting for soother

Especially since the Paper Industry Giants may have killed people with “pollution” – and the Papers Giants Claim to be “People”

  Kalamazoo River Superfund Site Lawsuit #25

Kalamazoo River Superfund Site Lawsuit #21 Kalamazoo River Superfund Site Lawsuit #22

Kalamazoo River Superfund Site Lawsuit #23 Kalamazoo River Superfund Site Lawsuit #24 Kalamazoo River Superfund Site Lawsuit #25

Paper Giants Battle Over Blame and Expense of Polluting the Kalamazoo River, Surrounding Areas and Real People (Not Corps ) With Cancer-Causing PBCs

MLive story Kalamazoo River Superfund

Paper Industry Giants Duke It Out Over Who Was Worst of the Worst Polluter – Thus Who Picks Up Most of the Tab in Kalamazoo River Superfund Site:
Lawsuits filed in Federal Court in Michigan and Wisconsin – There’s a Tie to the Fox River Superfund Site in Green Bay

Kalamazoo River Superfund Site Lawsuit #14 Kalamazoo River Superfund Site Lawsuit #15 Kalamazoo River Superfund Site Lawsuit #16

Boxer graphic

Kalamazoo River Superfund Site Lawsuit #8

In fight over who should pay for pollution – Arrogant Polluting Corporations Believe They Are People:

Kalamazoo River Superfund Site Lawsuit #24

$100 Million Blame and Cash Battle Between Paper Making Giants Soon Enters 5th year Slicing Up the Financial Blame for the Kalamazoo River Superfund Site:

Kalamazoo River Superfund Site Lawsuit #25

Kalamazoo River Superfund Site Lawsuit #2

 Kalamazoo River Superfund Site Lawsuit #6

Are the Superfund Violators/Polluters near Lake Michigan a Pretext for What We Can Expect In a Few Years After Owners of the Eagle Mine Decide to Skip Town With Their Pockets Full – Sludging A Path For Similar Sulfide Mines Planned Along Lake Superior – Leaving a Toxic Mess That Is Cheaper to Litigate – Than Clean Up

EPA Photos Kalamazoo

In federal court these paper making corporations  – think they are people

Corporations believe they are ‘People’

Latest in $100 Million Battle Twixt International. Paper Giants on Kalamazoo River Superfund Site – litigation that spills into Fox River Superfund Site in Green Bay:

I fear that the Upper Peninsula Eagle Mine – and other sulfide (acid) mines like it – could be a Superfund-like site when the company sucks up all the valuable minerals it wants and THEN leaves.

We “Pray” That The Evil Corporations Will Not Pollute – and Corps. “Pray” Not to Pay:
Praying for Relief From Federal Judge

Kalamazoo River Superfund Site Lawsuit #7

Kalamazoo River Superfund Site Lawsuit #8 Kalamazoo River Superfund Site Lawsuit #9

GEORGIA-PACIFIC CONSUMER PRODUCTS LP, FORT JAMES CORPORATION, and GEORGIA-PACIFIC LLC

Plaintiffs

www.gp.com

https://en.wikipedia.org/wiki/Fort_James

Versus

NCR CORPORATION and INTERNATIONAL PAPER CO.

Defendants

www.ncr.com

www.internationalpaper.com/us

****Notice these corps think they are people – smile

The Big Paper Boys Swing Their Branches and PCB Allegations Against Each Other: In the fight over money between paper industry giants

The case is about allocating responsibility for contamination … of the Kalamazoo River Superfund Site”

Kalamazoo River Superfund Site Lawsuit #3

The plaintiffs (Georgia-Pacific) argue that the Kalamazoo River would not have been listed as a Federal Superfund site if “not for NCR’s use of PCBs in its CCP; and for the contamination of the Kalamazoo River by PCB Aroclor 1242 attributable to NCR broke and trim.

Georgia-Pacific filed the lawsuit to establish the liability of Defendants and determine their equitable costs of cleaning up the Kalamazoo River Superfund Site

Georgia-Pacific wants to require Defendants to pay their fair portion of past and future cleanup costs associated with the Kalamazoo River Superfund Site.

The suit was also filed due to “claims in this action arise from many of the same activities by the Defendants which are at issue in the case of Appleton Papers, Inc. and NCR Corporation v. George A. Whiting Paper Company for costs associated with the investigation and remediation of the PCB contamination in Fox River; and because the Defendants made arrangements in this District with brokers that ultimately resulted in the release of PCBs into the Kalamazoo River.

Georgia-Pacific is the corporate successor to Kalamazoo-area facilities that deinked and recycled PCB-containing NCR broke and trim.

Georgia-Pacific has paid in excess of $79 million to investigate and remediate the Kalamazoo River Superfund Site, the company states.

NCR invented the PCB-containing Carbonless Copy Paper (CCP) that has caused the PCB contamination of the Kalamazoo River Superfund Site, Georgia-Pacific alleges.

Plus GP alleges that NCR arranged for the disposal of PCB-laden waste from its own CCP converting operations.

Georgia-Pacific claims NCR arranged for the disposal of PCB-laden broke and trim from its contract coaters.

Contract coaters” are the companies that used NCR’s coating (using NCR’s specifications) using an NCR emulsion.

NCR is also the corporate successor to at least two coaters — the Wisconsin-based Appleton

Coated Paper Company (ACPC), and Combined Paper Mills, Inc. (aka Combined Locks Mill).

Those companies arranged for the disposal of PCB-laden broke and trim resulting from the coating of NCR CCP.

Waste paper from all these activities was recycled at facilities near the Kalamazoo River, with resulting releases of PCBs into the Kalamazoo River, according to Georgia-Pacific as it tried to put most of the blame and expense on the other paper giant:

Kalamazoo River Superfund Site Lawsuit #1

NCR has paid nothing toward the cleanup, Georgia-Pacific cried.

The (once nature concerned) Michigan Department of Natural Resources (MDNR) conducted studies between 1972 and 1989 that “determined that certain areas in and around the Kalamazoo

River below Morrow Dam were contaminated with PCBs,” the suit states.

The Allied Paper Inc./Portage Creek/Kalamazoo River Superfund Site was declared a Federal Superfund site by the United States Environmental Protection Agency in August 1990.

In fact, the site was placed on the Superfund National Priority List (NPL).

In 1990, the site was listed by the MDNR as an environmental contamination site under the Michigan Environmental Response Act, the suit states.

Kalamazoo River Superfund Site Lawsuit #17 Kalamazoo River Superfund Site Lawsuit #18 Kalamazoo River Superfund Site Lawsuit #19

EPA identified Georgia-Pacific as a “potentially responsible party” (“PRP”) at the Kalamazoo River Superfund Site.

Georgia-Pacific is now the only remaining PRP left at the Site to provide ongoing funding to investigate and remediate the PCB contamination of the Kalamazoo River, due to the bankruptcies of other PRPs at the Kalamazoo River Superfund Site, the suit states.

Only one other company, Weyerhaeuser Company, is currently involved in remedial activity – is only funding measures to remediate a landfill it owned, and to investigate and remediate a former paper mill it owned, the suit claims.

PCBs were introduced to Portage Creek and the Kalamazoo River largely through past discharges, releases, and disposal of PCB-contaminated solids and paper residuals by paper manufacturing operations on Portage Creek and the Kalamazoo River, the suit charges.

The Kalamazoo River Superfund Site currently includes five disposal areas, four paper mill properties, an approximately 80-mile stretch of the Kalamazoo River from Morrow Dam to Lake Michigan, and a three-mile stretch of Portage Creek, the suit states.

There are several areas that need total cleanup:

Operable Unit 1 is the Allied Paper/Bryant Mill Pond Operable Unit

Operable Unit 2 (Willow Boulevard/A-Site Landfill)

A groundwater investigation was undertaken in the summer of 2009 at Operable Unit 2 (Willow Boulevard/A-Site Landfill),the suit states

In September 2009, a consent decree was signed between the EPA and Georgia-Pacific for design and cleanup at the Willow Boulevard/A-Site Landfill was approved by the Federal District Court.

This decree/settlement, among other things, obligates Georgia-Pacific to consolidate waste materials, construct a permanent landfill cap, and install a groundwater monitoring system.

Operable Unit 3 is the King Highway Landfill

The remedy involves the construction of a landfill cap, the seeding of the cap with vegetative growth, and the construction of a gas collection trench (under the control of the State of Michigan).

Operable Unit 4 is the Twelfth Street Landfill

In September 2001, EPA san agreement and the remedy includes excavation of PCB residuals that have migrated from the landfill and placement of those residuals back in the landfill. This work is conducted by Weyerhaeuser with oversight by EPA and MDNR.

Operable Unit 5 concerns the Portage Creek and Kalamazoo River sediments

In February 2007, EPA reached two settlement agreements with Millennium Holdings

LLC (which has since gone bankrupt) and with Georgia-Pacific.

The agreements were the result of two years of mediated negotiations between the possible responsible parties (PRPs) and various government regulators and entities, including the EPA and the State of Michigan.

Georgia-Pacific and Millennium agreed to perform sediment excavation in the Kalamazoo River near Plainwell, Michigan, the suit states.

Georgia-Pacific and Millennium agreed to conduct a Supplemental Remedial Investigation/Feasibility Study (Supplemental RI/FS) on the 80-mile stretch of the Kalamazoo River from Morrow Dam to Lake Michigan and Portage Creek from Cork Street to the confluence with the Kalamazoo River.

Georgia-Pacific’s Expenditures to Clean Up the Kalamazoo River Superfund Site:

Georgia-Pacific has spent at least $79 million dollars (as of Dec. 2010) to investigate and remediate the Kalamazoo River Superfund Site, and to investigate the liability of other potentially responsible parties, such as NCR and International Paper.

You can read the original:

Lawsuit Filed Between Paper Giants 12-3-10

Read or download the Georgia-Pacific vs NCR financial ruling 9-26-13

And read the latest filing of the salvos between these Paper Industry Giants.

Carbonless Copy Paper (CCP).

https://en.wikipedia.org/wiki/Carbonless_copy_paper

http://www.cdc.gov/niosh/docs/2001-107/

http://www.google.com/patents/US2730457

http://news.ufl.edu/archive/1997/05/scientists-test-carbonless-copy-paper-for-sickening-side-effects.html

http://www.sec.gov/Archives/edgar/data/1144326/000114432613000031/R18.htm

Kalamazoo River Superfund Site

http://www.epa.gov/region05/cleanup/kalproject/index.htm

http://www.michigan.gov/deq/0,4561,7-135-3304-84646–,00.html

https://en.wikipedia.org/wiki/Kalamazoo_Superfund_Site

http://www.fws.gov/midwest/es/ec/nrda/KalamazooRiver

http://www.kalamazoorivercleanup.org

https://www.kzooriver.com/kalamazoo

http://www.epa.gov/region5/cleanup/kalproject/images/OUmap.gif

http://www.epa.gov/region5/cleanup/kalproject/photos.htm

Seeps at base of TP1, Elizabeth Copper Mine Superfund Site Vermont, USA

[Large version of seep photo]

Portage Creek – Kalamazoo River, Michigan Public Domain EPA

“Portage Creek – Kalamazoo River, Michigan” by EPA

www.michigan.gov/images/main_82481_7.jpg

“<a href=”http://commons.wikimedia.org/wiki/File:Portage_Creek_-_Kalamazoo_River,_Michigan.jpeg#mediaviewer/File:Portage_Creek_-_Kalamazoo_River,_Michigan.jpeg”>Portage Creek – Kalamazoo River, Michigan</a>” by EPA – <a rel=”nofollow” class=”external free” href=”http://www.michigan.gov/images/main_82481_7.jpg”>http://www.michigan.gov/images/main_82481_7.jpg</a&gt;. Licensed under Public domain via <a href=”//commons.wikimedia.org/wiki/”>Wikimedia Commons</a>.

United States Damage Assessment, Remediation & Restoration Program

http://www.darrp.noaa.gov/greatlakes/kalamazoo

http://www.westonsolutions.com/projects/project_kalamazooriver.htm

http://www.terracontracting.net/Multimedia/Video/TabId/74/VideoId/6/Kalamazoo-River-Superfund-Site.aspx

Kalamazoo River Watershed Council (KRWC)

http://kalamazooriver.org/?page_id=217

The Environmental Law Reporter

http://elr.info/subject-matter-index-cases/allied-paper-portage-creek-kalamazoo-river-superfund-site-%28mich.%29/3384

http://upton.house.gov/uploadedfiles/05_13_2014_congressional_letter_to_epa_re_kalamazoo_superfund.pdf

http://caselaw.findlaw.com/us-6th-circuit/1022237.html

http://www.thefederalregister.com/d.p/2014-02-18-2014-03332

http://onlinelibrary.wiley.com/doi/10.1897/04-493R.1/abstract

https://www.msu.edu/user/giesy/Projects/Presentations/KZ-SS-BE-01.pdf

Fox River Superfund Site

http://www.epa.gov/Region5/cleanup/foxriver

http://www.cerc.usgs.gov/orda_docs/Assets/UploadedFiles/CaseDocuments/Assessment_Documents/WI_Fox-River_AR-PCBs-Pathways_1999.pdf

United States Department of Justice aka United States Justice Department

http://www.justice.gov/enrd/3643.htm

https://en.wikipedia.org/wiki/Fox_River_%28Wisconsin%29

http://www.foxriverwatch.com

http://www.foxriverwatch.com/NCR_corporation.html

http://www.foxriverwatch.com/pcb_pcbs_sources_1.html

http://www.foxriverwatch.com/superfund_sediment_remediation.html

http://dnr.wi.gov/topic/greatlakes/greenbay.html

http://www.sevenson.com/index.php/project-summaries/fox-river-superfund-site/

Appvion, Inc. (formerly Appleton Papers Inc.)

http://www.appvion.com/en-us

http://www.appvion.com

https://www.linkedin.com/company/appleton

Appleton Coated

http://www.appletoncoated.com/index.php?GroupID=11

http://www.appletoncoated.com

http://www.appletoncoated.com/greenzone/index.php

Info on lawsuits:

http://www.law360.com/articles/213303/gp-wants-ncr-to-pay-for-mich-superfund-site

http://www.law360.com/companies/ncr-corporation/articles

http://www.mlive.com/news/kalamazoo/index.ssf/2013/09/hold_portage_creek_pcb_cleanup_1.html

http://michiganradio.org/post/federal-regulators-say-pcb-cleanup-kalamazoo-river-gaining-momentum

http://michiganradio.org/post/pcb-cleanup-continues-along-kalamazoo-river

http://michiganradio.org/post/kalamazoo-residents-struggle-epa-over-mount-pcb

http://michiganradio.org/post/epa-says-decision-about-kalamazoo-s-mount-pcb-will-come-summer

http://michiganradio.org/post/kalamazoo-rallies-pressure-epa-remove-hazardous-paper-mill-waste

http://www.sec.gov/Archives/edgar/data/1144326/000114432613000031/R18.htm

On September 26, 2013, United States District Judge Robert J. Jonker ordered that Defendants NCR Corporation and International Paper Company are found liable parties

Other litigation issues remain:

American College of Environmental Lawyers (ACOEL)

http://www.acoel.org/file.axd?file=2013%2F10%2FGeorgia%2BPacific%2Bv%2BNCR.pdf

http://www.ncr.com/newsroom/resources/united-states-district-court-for-the-western-district-of-michigan-issues-decision-in-phase-i-of-kalamazoo-river-case

Kalamazoo River Superfund Site:

Hunsucker Goodstein Law

Federal Judge Finds NCR Corp. & Appleton Papers Inc. Liable For $950 Million in Cleanup Costs of Nation’s Largest Superfund Site (Mon, Oct. 3, 2011)

Philip Hunsucker

phunsucker@hgnlaw.com

(San Francisco, CA) – Federal judge rules NCR Corp. and Appleton Papers Inc. are liable for an estimated $950 million in cleanup costs and reimbursement of natural resource damages for PCB contamination at the nation’s largest Superfund site, located in eastern Wisconsin.

We are very pleased with this ruling,” said environmental attorney Philip Hunsucker, of Hunsucker Goodstein, who represented Menasha Corp.,

http://hgnlaw.com/about-us/news/bid/158025/Federal-Judge-Finds-NCR-Corp-Appleton-Papers-Inc-Liable-For-950-Million-in-Cleanup-Costs-of-Nation-s-Largest-Superfund-Site

http://www.pcmag.com/encyclopedia/term/47696/ncr-paper

Liberty Mutual Fights NCR On $79M Superfund Site Coverage

By Kathryn Brenzel

(March 28, 2013) – Liberty Mutual Insurance Co. on Wednesday urged a judge to declare that it doesn’t owe coverage to NCR Corp. for a $79 million cleanup of the Kalamazoo River Superfund site, saying the company’s comprehensive general liability policy wouldn’t cover costs stemming from its alleged role in the Michigan river’s pollution.

In a lawsuit filed in the United States District Court for the Western District of Michigan, Liberty Mutual said it is not responsible for NCR’s portion of the cleanup and related defense costs, citing a pollution exception in the company’s insurance policy.

NCR was hit in 2010 by a suit from Georgia-Pacific Consumer Products LP, which sought contribution toward the cleanup of the Kalamazoo River, which cost Georgia-Pacific $79 million.

http://www.law360.com/articles/428041/liberty-mutual-fights-ncr-on-79m-superfund-site-coverage

http://www.epa.gov/region5/cleanup/foxriver/pdf/foxriver_cd_201010.pdf

Appleton Papers, Inc.

United States of America and the State of Wisconsin, Plaintiffs–Appellees, v. NCR Corporation, Defendant–Appellant

No. 12–2069 Decided: August 3, 2012

http://caselaw.findlaw.com/us-7th-circuit/1608058.html

http://fox11online.com/2014/05/15/objections-filed-to-proposed-fox-river-cleanup-settlement

Kalamazoo River Superfund Site Lawsuit #13

Kalamazoo River Superfund Site Lawsuit #5

 Kalamazoo River Superfund Site Lawsuit #26 Kalamazoo River Superfund Site Lawsuit #27 Kalamazoo River Superfund Site Lawsuit #28